Subash Chandra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16033 of 2022 Subash Chandra Nayak ....

Petitioner Mr. A.K. Pradhan, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 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 for the State-Opposite Party. 3.

The Petitioner is seeking pre-arrest bail in connection with S.T.F. P.S. Case No.28 of 2022, corresponding to G.R. Case No.2044 of 2022, pending in the court of learned S.D.J.M., Khurda, registered for alleged commission of offences punishable under Sections 379/411/120-B of the I.P.C. read with Section 51 of the Wildlife (Protection) Act, 1972.

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 observed 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

// 2 // proper.

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 any 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