Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.514 of 2025 1) Karunakar Das ..... Petitioners 2) Rakesh Chandra Das @ Rakesh Dash
Represented By Adv. - Ipsit Aurobindo Acharya -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Smt. Sasmita Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 17.01.2025
Order No.
01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of BNSS, 2023 by the Petitioners seeking pre-arrest bail in connection with Jagatpur P.S. Case No.604 of 2024, corresponding to G.R. Case No.1475 of 2024, pending in the court of learned J.M.F.C., Rural, Cuttack, for alleged commission of offences punishable under 115(2), 3(5), 303(2), 118(2) of BNS. 4. Considering the nature of allegation, gravity of offence and the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the
Page 2 of 3. matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners and the injury report of the injured. In the event, the Petitioner No.1 is having more than one criminal antecedent and the Petitioner No.2 is having any criminal antecedents as well as the injuries sustained by the injured are found grievous in nature, then this order stands automatically revoked. 5. The release of the Petitioners shall also be subject to following conditions:- i) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation; ii) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; iii) shall not harass, threaten or terrorize the Informant or any of the prosecution witnesses;
Violation of any of the terms and conditions shall entail cancellation of bail. 6. It is further directed that the bail granted to the Petitioner No.1 is subject to depositing of a cash security of Rs.3,000/- (Rupees Three Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest
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bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra)
Judge
S.K. Rout