Jagyaseni Sahu Vs State of Odisha

The present application has been filed under Section 482 of BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Buguda P.S. Case No.610 of 2024, corresponding to G.R. Case No.789 of 2024, pending in the court of learned J.M.F.C., Jagannathprasad, for alleged commission of offences punishable

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under Sections 109(2), 115(2), 118(2), 126(2), 189(4), 190, 351(3) of BNS.

It is stated by learned counsel for the Petitioner that the present Petitioner is a lady and that she is not the principal accused. Further, referring to the FIR allegation, learned counsel for the Petitioner contended that the principal accused has assaulted and that the Petitioner has not committed any overt act. He further contended that the Petitioner does not have any criminal antecedents and that the injuries sustained by the injured are simple in nature.

Learned counsel for the State on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground that the allegations are grave and serious in nature and the injured has sustained grievous injury and the investigation is still on. In the event the Petitioner is released on pre-arrest bail, he might abscond which would cause delay in conclusion of the investigation as well as filing of the charge-sheet.

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 her 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 and injury report of the injured. In the event, the injuries sustained by the injured are found grievous in nature and the Petitioner is having any criminal antecedents, then

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S.K. Rout

this order stands automatically revoked. Violation of any of the terms and conditions shall entail cancellation of bail.