IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5752 of 2024 Surya @ Suryakanta Naik … Petitioner Mr. P. C. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.01.2026 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.93 of 2024 pending on the file of learned J.M.F.C., Khandapada, arising out of Khandapada P.S. Case No.95 of 2024 for commission of offences punishable under Sections 399/402/34 of IPC r/w. Sec. 27 of the Arms Act and Sec-3 and 4 of the Explosive Substance Act. 3. It is submitted by the learned counsel that the basis of implication is on account of the co- accused statement and since the co-accused on basis of whose statement the Petitioner is cited as an accused, has been released on bail. Hence, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that the Petitioner has criminal proclivity. Hence, no leniency ought to be show. 5. Taking into account the nature of allegation, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Khandapada in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Khandapada on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Khandapada, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Khandapada is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. Ground of parity, if any, may be considered by the learned court(s) below. 7. Accordingly, the ABLAPL stands disposed of. 8. U.C.C. as per rules. (V. NARASINGH) Judge Jina