Tilak Kumbhar Vs State of Odisha

The present application has been filed under Section 482 of B.N.S.S. by the Petitioners seeking pre-arrest bail in connection with Bargarh Sadar P.S. Case No.430 of 2024 corresponding to C.T. Case No.1819 of 2024, pending in the court of learned S.D.J.M., Bargarh, for alleged commission of offences punishable under Sections 191(1), 191(2), 329(3), 333, 296, 74, 324(4), 324(5), 303(2), 125, 351(2), 351(3), 190 of BNS,2023 and section 25 & 27 of Arms Act.

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Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioner Nos.1 to 5 and 7 to 9 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 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 of the Petitioner Nos.1 to 5 and 7 to 9 and injury report. In the event it is found by the learned court below that the Petitioner Nos.1 to 5 and 7 to 9 are having any criminal antecedent and the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

However, on the submission of the learned counsel, the Petitioner No.6 is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.6 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.6 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

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Anil

Case Diary & Injury Report be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.6, if applied for.

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

( Aditya Kumar Mohapatra) Judge

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Signature Not Verified Page 3 of 3.

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 11:30:00

Tilak Kumbhar v. State of Odisha