Biswajit Behera Vs State of Odisha

This is an application under Section 482 of BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296,305, 331(4) of B.N.S., 2023.

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It is stated by the learned counsel for the Petitioner that the Peitioiner was working as Supervisor in the informant’s company. He further contended that the Petitioner left the company premises by keeping the keys of the Store room in his office. Further he contended that

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the Petitioner had to leave the place of work after getting information that his mother-in-law has been passed away. Thereafter, another person took charge in his absence. When he joined some articles were missing from the Store Room. He further contended that the Petitioner does not have any criminal antecedent and since he is working in the company, there is no chance of his absconding.

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Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on prearrest bail on the ground that the investigation is still on. He further contended that since the investigation is on, release of the Petitioner on pre-arrest bail would cause adverse impact on the on-going investigation.

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Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Sonepur in G.R.Case No.273 of 2024 arising out of Sonepur P.S.Case No.297 of 2024 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to.

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Violation of conditions shall entail cancellation of

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bail.

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