Surendra Kumar Patra v. State Of Odisha

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.01.2025

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296, 308(2), 351(2), 3(5) of B.N.S. read with Section 25 of Arms Act, 1959 in G.R. Case No.915 of 2024 of the Court of learned J.M.F.C.-IV (Cog. Taking), Cuttack arising out of Govindpur P.S. Case No.244 of 2024.

It is stated by learned counsel for the Petitioner that there exists deed of partnership between one of the cousin brothers of the present Petitioner with the informant-company, with regard to the operation of Sand Sairat. He further contended that as per the agreement the Page 1 of 3. cousin brother of the present petitioner has invested 90 per cent of the investment. Learned counsel for the Petitioner, further referring to the said deed of partnership, submitted that there exists a dispute between the partners. As a result of which the Petitioner has been falsely implicated at the instance of the informant-company. He further submitted that the Petitioner is having three criminal antecedents. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of his absconding.

Learned counsel for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further submitted that the investigation is still on, therefore, the release of the Petitioner on pre- arrest bail at this juncture would cause delay in conclusion of the investigation as well as in filing of the subsequent charge sheet.

Taking into consideration of the submissions made by the learned counsels appearing for the parties, on a careful examination of the materials on record, further keeping in view the surroundings facts and circumstances, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of four weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in similar type of offences while on bail; II. shall not harass, threaten or terrorize the informant and prosecution witnesses in any manner whatsoever; Page 2 of 3. III. shall cooperate with the investigation and appear before the Investigating Officer as and when his presence is required by the I.O. for the purpose of investigation; and IV. shall not default in attending before the court during trial on each date of posting, if not prevented by sufficient cause. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having more than three criminal antecedents, then this order shall stand automatically revoked.

It is further directed that the bail granted to the Petitioner shall be subject to depositing a cash security of Rs.3,000/- (Rupees Three 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.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules. Anil ( A.K. Mohapatra) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 17-Jan-2025 17:42:19