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Orissa High Court

) Nabin Halaba @ Halba vs State Of Odisha ..... Opposite Parties on 28 June, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              ABLAPL No.6441 of 2024
            1) Nabin Halaba @ Halba       .....      Petitioners
            2) Rajesh @ Rajeswar Benia                       Represented By Adv. -
            3) Bhisma @ Chandan Bhatra                       Jugala Kishore Panda
            4) Bhuban Benia

                                             -versus-
            State Of Odisha                .....                   Opposite Parties
                                                   Represented By Adv. - M/s Jugal
                                                   Kishore
                                                   Panda,s.s.dash,b.karna,a.dash

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

                                           ORDER

28.06.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners 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 Petitioners seeking pre-arrest bail in connection with Bandhugaon P.S. Case No.35 of 2024, corresponding to G.R. Case No.184 of 2024, pending in the court of learned J.M.F.C., Laxmipur, for alleged commission of offences punishable under Sections 147, 148, 323, 379, 506, 149 of I.P.C.

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 Petitioners 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 Page 1 of 2. seisin over the matter shall release them 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. In the event, the Petitioners are having any criminal antecedent, then this order stands automatically revoked.

5. Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra ) Judge S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jun-2024 14:40:48 Page 2 of 2.