Swadhin Baliarsingh vs State Of Odisha ….. Opposite Party on 23 December, 2024

Orissa High Court

Swadhin Baliarsingh vs State Of Odisha ….. Opposite Party on 23 December, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                              ABLAPL No.14728 of 2024
            Swadhin Baliarsingh             .....     Petitioner
                                                             Represented By Adv. -
                                                             Biswaranjan Dalai

                                           -versus-
            State Of Odisha                       .....            Opposite Party
                                                            Represented By Adv. -
                                                            Mr. Samaresh Jena,
                                                            A.S.C.

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA

                                           ORDER

23.12.2024

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/
Physical Mode).

2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of
Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with
Infocity P.S Case No-142 /2024, corresponding to C.T. Case No-
526 /2024, pending in the court of learned J.M.F.,(II) Bhubaneswar,
for alleged commission of offences punishable under Sections
341,294,323,324,307,506,379,34 of I.P.C. and section 25 Arms Act.

4. Considering the nature of allegation, gravity of offence and the
surrounding facts of the case, I am not inclined to grant pre-arrest
bail to the Petitioner. However, it is directed that in the event the
Petitioner surrenders before the Court in seisin over the matter within

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a period of four weeks from today and move an application for bail,
the Court in seisin over the matter shall release him 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 Petitioner
and injury report. In the event it is found by the learned court
below that the Petitioner is having more than three criminal
antecedents and the injuries sustained by the injured are grievous
in nature, then this order shall automatically stand revoked.

5. The release of the petitioner 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 not indulge in similar criminal offences while on
bail.

III) shall not harass, threaten or terrorise the informant or any
of the prosecution witnesses.

IV) Shall appear before the learned trial court on each and
every date fixed unless prevented by any sufficient cause.

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 is
subject to depositing a cash security of Rs.5,000/- (Rupees five
thousand) before the learned Court in seisin over the matter, which
shall be kept in any Nationalized bank in interest bearing account

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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

Rubi

Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: RUBI BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 26-Dec-2024 17:59:18