Orissa High Court
Santanu Ku. Sahu @ vs State Of Odisha ….. Opposite Party on 20 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14515 of 2024
1. Santanu Ku. Sahu @ ..... PetitionerS
Santunu Sahu @
Saantanu Kumar Sahu;
2. Prasanta Ku. Sahu @
Prasanta Kumar Sahu @
Balia
Represented By Adv. -
Mr.J.Sahoo
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Mr.Anshuman Sethy,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.01.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical
Mode).
2. Heard learned counsel for both parties and perused the records.
3. The present application has been filed under Section 438 of the Cr.P.C.
by the Petitioners seeking pre-arrest bail in connection with Kabisuryanagar
P.S Case No. 770 of 2024, corresponding to G.R. Case No-759 of 2024, now
pending in the file of the learned J.M.F.C., Kabisuryanagar, for alleged
commission of offences punishable under Sections 115(2) / 118(1) / 126(2) /
296 / 3(5) /351(2) of B.N.S.S., 2023.
Page 1 of 2.
4. On instruction, learned counsel for the Petitioners submitted that the
petitioners do not have any criminal antecedent and that they have been
falsely implicated in the present case. He further submitted that the petitioners
are a local resident and as such, there is no chance of their absconding. On
such ground, learned counsel for the petitioners submitted that the petitioners
be released on pre-arrest bail.
5. Counsel for the State objected to the release of the petitioners on pre-
arrest bail.
6. Considering the submission of the learned counsel for the parties, and
on careful examination of the materials on record; further keeping in view the
gravity of the offence and the nature of allegation in so far as the present
petitioners are concerned; this Court is not inclined to direct for release of the
petitioners on pre-arrest bail, however, it is directed that the petitioners shall
surrender before the Court in seisin over the matter and move an application
for bail within a period of four weeks from today. In such eventuality, the
Court in seisin over the matter shall do well to release the petitioners on bail
on such terms and conditions as would be deemed just and proper with the
conditions.
Release of the petitioners shall also be subject to verification of the
antecedent of the petitioners and if it is found that the petitioners are having
criminal antecedents, then this would not be given effect to.
Violation of any of the conditions shall entail cancellation of bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
Signature Basu Not Verified ( Aditya Kumar Mohapatra) Digitally Signed Signed by: BASUDEV NAYAK Judge
Designation: ASST. REGISTRAR-CUM-SR. SECRETARY
Reason: Authentication
Location: HIGH COURT OF ORISSA : CUTTACK
Date: 21-Jan-2025 11:32:29
Page 2 of 2.
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