Gagan Das @ Subha Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15374 of 2022 Gagan Das @ Subha Kumar Das ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 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 State-Opposite Party. 3.

The Petitioner is seeking pre-arrest bail in connection with Basta P.S. Case No.193 of 2022, corresponding to C.T. Case No.498 of 2022, pending in the court of learned J.M.F.C., Basta, registered for alleged commission of offence punishable under Section 395 of the I.P.C. read with Sections 25 & 27 of the Arms Act, 1959. 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 surrenders and moves an application for bail before the Court in seisin over the matter within a period of three weeks from today in the aforesaid case, the Court in seisin over the matter shall release him on bail on such terms and conditions as it would be deemed just and proper with further conditions that the Petitioner shall appear before the

// 2 // concerned Police Station once in a fortnight preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. and cooperate with the investigation till submission of the charge sheet. Violation of any of the terms and conditions shall entail cancellation of bail. 5.

It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has criminal antecedent of similar nature, this bail order shall automatically stand revoked. Case diary along with the criminal antecedents be made available on the date of surrender of the Petitioner before the leaned court below. 6.

Accordingly, the ABLAPL is disposed of.

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

(A.K. Mohapatra) Judge Debasis