Prasant Ghadei @ Prasanta Ghadei Vs State of Odisha

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Nandipada P.S. Case No.54 of 2007 corresponding to G.R. Case No.262 of 2007 pending in the file of learned J.M.F.C., Hatadihi on the grounds stated therein.

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Perused the F.I.R. as at Annexure-1. Learned counsel for the petitioner submits that some of the accused persons are on bail and refers to an order of this Court dated 4^th November, 2024 as at Flag-A5 to claim that the alleged incident is of the year 2007 and there was a mob violence due to sacrifice of a girl child, who was found dead in a paddy field. The further submission is that the petitioner is alleged to be one among the members of mob that committed the alleged mischief causing

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damage to a police vehicle. The driver of the vehicle in question lodged the report. Recorded the submission of learned counsel for the State. From the F.I.R. as at Annexure-1, the Court finds that around 1000 people raised protest and committed vandalism and damaged the vehicle which was set ablaze, but from the orders in the ABLAPLs as at Flag-A1 to A5, the Court finds that some of the accused persons were directed to go on bail. Considering the above facts and submissions of learned counsel for the respective parties and release of the co-accused persons in the meantime and the fact that the alleged occurrence is about 20 years old and that the investigation must have been concluded long before, this Court is of the view that though the petitioner is not entitled to prearrest bail, however, he should be directed to surrender before the learned court below for being released with suitable conditions imposed.

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Accordingly, it is ordered.

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In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C., Hatadihi within a fortnight from today, the petitioner shall be released on bail in connection with Nandipada P.S. Case No.54 of 2007 corresponding to G.R. Case No.262 of 2007 subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose

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such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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