Orissa High Court
Aswini Kumar Samantaray vs State Of Odisha .... Opp. Party on 4 October, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLABL No. 10527 of 2024
Aswini Kumar Samantaray .... Petitioner
Mr. R.R. Ray, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC
CORAM:
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 04.10.2024
01. 1. Heard learned counsel for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s. 438 of Cr.P.C. in apprehension of arrest for his alleged involvement in the offences under Sections 379/34 of IPC, R/w. Section 51 of the OMMC Rules, Section 12 of the OMMPTS Act and Sections 3/4 of the Explosive Substances Act.
3. Learned counsel for the Petitioner submits that there are two criminal antecedent stands to the credit of the present Petitioner in connection to Sadar P.S. Case No. 257 of 2022 involving the offence U/s.294/323/354 of IPC and Sadar P.S. Case No.135 of 2019 involving the offence U/s.294/323/325/341/342/506/34 of IPC. It is further submitted by the learned counsel that though this Court has allowed the liberty of the Petitioner earlier in connection with ABLAPL No. 8864 of 2024 it was subject to verification of criminal antecedent. Since the Petitioner is having two criminal antecedents he has filed the second round praying for pre arrest bail.
4. Considering the submissions of the learned counsels for the parties, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection to G.R. Case No.305 of 2023 arising out of Khorda Sadar P.S. Case. No.111 of 2023 pending in the court of learned S.D.J.M., Khordha within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to deposit of Rs.10,000/- (Rupees Ten Thousand only) in the manner to be directed by the court. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge Bijay Page 2 of 2 Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Oct-2024 17:21:00