Orissa High Court
Satyabrata Nayak vs State Of Odisha ….. Opposite Party on 7 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1739 of 2025
Satyabrata Nayak ..... Petitioner
Represented By Adv. -
Bijay Kumar Behera
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Ms. S.Nayak, A.S.C.
M/s Ashok Kumar
Behera, Adv.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.05.2025
Order No.
04. 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
Chandaka P.S. Case No.229 of 2024, corresponding to G.R. Case
No.1250 of 2024, pending in the court of learned J.M.F.C.(O),
Bhubaneswar, for alleged commission of offences punishable under
Sections 386/387/307/506/34 I.P.C. read with U/s-25/27 Arms Act
and U/s-9-B of Explosive Act.
4. Learned counsel for the petitioner at the outset contended that
in the meantime the matter has been amicably settled between the
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informant and the accused person. In the aforesaid context learned
counsel for the petitioner referred to the affidavit filed by the
informant on 04.04.2025. He further submitted that the affidavit filed
by the informant clearly reveals that due to a misunderstanding the
present case was foisted and in the meantime the matter has been
amicably resolved and the informant does not want to proceed
further in the matter.
5. On the basis of the aforesaid affidavit learned counsel for the
State on instruction of the IIC of the concerned police station vide
letter dated 07.05.2025 from the ACP I/C Chandaka police station,
contended that the matter has been amicably settled by the
complainant and the accused in presence of the local gentries without
any protest.
6. In view of the aforesaid development the Petitioner is directed
to 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 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. In the event it
is found by the learned court below that the Petitioner is having
more than one criminal antecedent, then this order shall
automatically stand revoked 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 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
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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.
8. 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: OHC
Date: 14-May-2025 19:29:09