Binaya Kumar Das vs State Of Odisha ….. Opposite Party on 23 April, 2025

Orissa High Court

Binaya Kumar Das vs State Of Odisha ….. Opposite Party on 23 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   ABLAPL No.4294 of 2025

             Binaya Kumar Das                        .....                Petitioner
                                                             Represented By Adv. -
                                                             Mr. Pranab Ranjan
                                                             Chhatoi

                                            -versus-
             State Of Odisha                        .....           Opposite Party
                                                             Represented By Adv. -

                                                             Mr. Samresh Jena, ASC

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

                                           ORDER

23.04.2025
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
Laxmisagar P.S. Case No.498 of 2023, corresponding to C.T. Case
No.1187 of 2023, pending in the court of learned J.M.F.C.-IV,
Bhubaneswar, for alleged commission of offences punishable under
Sections 341/323/294/307/ 506/34 of the I.P.C.

4. Considering the nature of allegation, gravity of offence and
the fact 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
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surrenders before the Court in seisin over the matter within a period
of four weeks from today and moves 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 as well as injury report. In the event it is found by the
learned court below that the Petitioner is having more than two
criminal antecedents or the injuries sustained by the injured are
grievous in nature, then this order shall automatically stand revoked.

5. Further, the release of the Petitioner shall also be subject to
furnishing a cash security of Rs.4,000/- (Rupees four thousand)
before the Court in seisin over the matter which shall be kept in
interest bearing fixed deposit account in the name of the court in any
nationalized bank for a period of one year and be renewed from time
to time at a spell of one year till disposal of the case. The said
deposit shall be subject to the final outcome of the trial.

6. The release of the Petitioner shall also be subject to the
following conditions:-

I) He shall cooperate with the investigation and shall
appear before the I.O. as and when his presence is
required by the I.O. for the purpose of
investigation;

II) He shall appear before the trial court on each and
every date fixed without fail; and

III) He shall not harass, threaten and terrorize the
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Informant and his family members in any manner
whatsoever while on bail.

Violation of any of the terms and conditions shall
entail cancellation of bail.

7. Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper
application.

( Aditya Kumar Mohapatra)
Judge
Debasis

Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 24-Apr-2025 14:34:47

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