Orissa High Court
Priyanshu Pandey And Others vs State Of Odisha ….. Opposite Party on 19 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14472 of 2024
Priyanshu Pandey and others ..... Petitioners
Represented By Adv. -
Bisworanjan Swain
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Mr. Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
19.12.2024
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 438 of
Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with
Plantsite P.S. Case No.263 of 2016, corresponding to G.R. Case
No.1478 of 2016, pending in the court of learned S.D.J.M.(P),
Rourkela, for alleged commission of offences punishable under
Sections 147, 148, 337, 332, 294, 263, 153(A), 120(B), 380, 436,
307, 506, 427, 149, 295(A), 353 of I.P.C. and Section 3 of the
Prevention of Damage to Public Property Act, 1984 read with
Page 1 of 3.
Section 7 of Criminal Law Amendment Act.
4. It is stated by learned counsel for the Petitioner that one of the
co-accused persons, who stands in a similar footing, has already
been enlarged on bail in the meantime. He further contended that the
present case is of the year 2016.
5. 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
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. In the event, the Petitioners are having more than one
criminal antecedent, then this order stands automatically revoked.
6. 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 their 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;
iii) shall not indulge in any similar criminal offences while
on bail;
Page 2 of 3.
Violation of any of the terms and conditions shall entail
cancellation of bail.
7. It is further directed that the bail granted to the Petitioner is
subject to depositing of a cash security of Rs.2,000/- (Rupees Two
Thousand) before the learned Court in seisin over the matter, which
shall be kept in any Nationalized Bank in interest 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.
8. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed
Signed by: SANTANU KUMAR ROUT Page 3 of 3.
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 23-Dec-2024 14:35:37