Brundaban Sahoo v. State Of Odisha

Represented By Adv. – Ms. Anita Sahoo Opposite Party Represented By Adv. – Smt. Siva Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.12.2024 Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party- State.

The present application has been filed under Section 482 of B.N.S.S. 2023 by the Petitioner seeking pre-arrest bail in connection with EI & EB, Unit-1, Cuttack P.R. No.321/24-25, corresponding to 2(a)CC Case No.107 of 2024, pending in the court of learned J.M.F.C., Khandapada, for alleged commission of offences punishable under Sections 52(a) of Odisha Excise Act, 2008.

Considering the nature of allegation, gravity of offence Page 1 of 3. 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 before the Court in seisin over the matter within a period of four weeks from today and moves 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 court in seisin over the matter that the Petitioner is having more than one similar criminal antecedent, then this order stands automatically revoked. While imposing conditions, the court in seisin over the matter shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause. Violation of any of the conditions either imposed by this Court or the court in seisin over the matter shall entail cancellation of bail.

Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.3,000/- (Rupees three thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of Page 2 of 3. the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

The ABLAPL is, accordingly, disposed of. Urgent certified copy of this order be granted on proper application. Debasis ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Dec-2024 11:20:14 Page 3 of 3.