Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.504 of 2025 1) Kiran Nag ..... Petitioners 2) Biki @ Thakur Prasad Bibhar 3) Bitu @ Manas Suna 4) Sukhdev Mallik @ Sukha Mallik Represented By Adv. - Mr. Sarat Kumar Jena -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Patra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.01.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for both the parties and perused the records. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 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, registered 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 B.N.S., 2023 and Sections 25 & 27 of Page 2 of 3. Arms Act, 1959. 4. 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 Petitioners No.3 and 4 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 Petitioners No.3 and 4 and injury report. In the event it is found by the learned court below that the Petitioners No.3 and 4 are having more than 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. 5. So far Petitioners No.1 and 2 are concerned, they are directed to surrender before the learned S.D.J.M., Bargarh in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider their 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.1 and 2 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 Petitioners No.1 and 2 on the same day strictly on the basis of Page 3 of 3. the materials on record by maintaining the principles of parity, if applicable. 6. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners No.1 and 2. Records be transmitted to the higher forum at the cost of the Petitioners No.1 and 2, if applied for. 7. The ABLAPL is accordingly disposed of. Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge Debasis