Research › Search › Judgment

High Court of Orissa · body

2021 DAILYLAW 706 (ORI)

BANTI DASH v. STATE OF ODISHA

ABLAPL/2021/2026 · 2026-04-15

R K Pattanaik

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2021 of 2026 Banti Dash and another …. Petitioners Mr. Susanta Kumar Sahu, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Attabira P.S. Case No.125 of 2025 corresponding to C.T. Case No.122 of 2025 pending in the file of learned N.G.N-cum-J.M.F.C, Attabira on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The informant alleged therein that he was restrained, abused and assaulted on the point of a knife by some miscreants who managed to take away cash of Rs.3,500/- from his money purse along with a mobile handset. The petitioners apprehend arrest in connection with the alleged incident. It is admitted by the learned counsel for the petitioners that petitioner No.1 is having two other cases but petitioner No.2 is none. Recorded the submission of the learned counsel for the State. In fact, some unknown culprits have committed the mischief as made to reveal from the FIR, p. 2 i.e., Annexure-1. A cash of Rs.3,500/- only has been removed from the wallet of the informant. Recording the submissions as above that petitioner No.1, who claims to have no other similar antecedent, this Court is inclined to direct him to surrender before the learned court below for being released on bail. But in so far as petitioner No.2 is concerned, he is directed to surrender before the court concerned seeking regular bail in view of criminal antecedents pending against him instead of considering any such pre-arrest bail plea advanced by him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, petitioner No.1 surrenders within a fortnight from today before the learned N.G.N-cum-J.M.F.C, Attabira in connection with Attabira P.S. Case No.125 of 2025 corresponding to C.T. Case No.122 of 2025, he shall be released on bail subject to him on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that in the event petitioner No.2 surrenders within the above stipulated period and moves an application for regular bail, it shall be duly considered by learned court below in the first hour and in case of rejection, he shall approach the learned Sessions Court during the second hour for orders on the same day and for the said purpose, the case record shall be made available without delay. p. 3 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok