Disposed

Ajay Balabantray @ Aju Balabantaray v. State of Odisha

Orissa HC9 Apr 2025ABLAPL/2630/2025

Case brief

AI extract

What is this about?

This High Court of Orissa considered an anticipatory bail application. The judge declined the grant of pre-arrest bail but directed release on surrender, subject to conditions and verification of antecedents.

What did the court decide?

Pre-arrest bail denied; direction to surrender within four weeks to apply for bail; conditions for release including security deposit of Rs.2,000.

Ajay Balabantray @ Aju Balabantaray Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2630 of 2025

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Ajay Balabantray @ Aju …. Petitioner Balabantaray

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Mr. J. Sahoo, Advocate

-versus-

State of Odisha

Opp. Party

Mrs. S. Nayak, Advocate

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CORAM: HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

Order No.

ORDER

09.04.2025

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

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

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amit

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The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking prearrest bail in connection with Tangi P.S. Case No.36 of 2016, corresponding to G.R. Case No.58 of 2016, pending in the court of learned NGN-cum-J.M.F.C., Tangi, for alleged commission of offences punishable under Sections 341/294/323/307/376/506/34 of the IPC.

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It is stated by learned counsel for the Petitioner that earlier the petitioner had approached this Court by filing ABLAPL No.2680 of 2020. He further contended that vide order dated 23.02.2022, the petitioner was directed to surrender and go on bail. He further contended that at the time of surrender, the petitioner was having one criminal antecedent as a result of which he could not get the advantage of the said order.

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Considering the nature of allegation, gravity of offence and the facts and circumstances 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, subject to verification of criminal antecedent. In the event it is found by the court in seisin over the matter that the Petitioner is having more than one criminal antecedent, then this order shall not be given effect to.

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The release of the Petitioner shall also be subject to following conditions:-

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i) shall cooperate with the investigation and appear before the I.O. as and when his presence is

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required and shall cooperate with the early conclusion of the investigation;

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ii) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by sufficient cause;

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iii) shall not indulge in any similar offence;

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iv) Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.2,000/- (Rupees two thousand) each before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of 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.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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Accordingly, the ABLAPL is disposed of.

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

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(Aditya Kumar Mohapatra) Judge

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 10-Apr-2025 16:26:16

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Ajay Balabantray @ Aju Balabantaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajay Balabantray @ Aju Balabantaray v. State of Odisha

Case brief

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What did the court decide?

What the court decided

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