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2025 DAILYLAW 10122 (ORI)

LIPU @ DEBASIS NAYAK v. STATE OF ODISHA

ABLAPL/634/2025 · 2025-01-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.634 of 2025 Lipu @ Debasis Nayak ..... Petitioner Represented By Adv. - Jayadeba Behera -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – M.R.Patra, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.01.2025 Order No. 01. 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 Petitioner is apprehending arrest for the alleged commission of offence under Sections 109/117(2)/126(2)/ 118(1)/351(2)/3(5) of BNS read with Section 27 of the Arms Act, 1959 in C.T. Case No.16 of 2025 of the Court of the learned J.M.F.C. (V), Bhubaneswar arising out of Airport P.S. Case No.2 of 2025. 4. It is stated by learned counsel for the Petitioner that one of the co-accused, namely, Manoj Samal @ Babu has been released on bail by this Court in ABLAPL No.396 of 2025 vide order dated 15.01.2025. He further contended that the Petitioner stands in a Page 2 of 2. similar footing with the aforesaid co-accused person. 5. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner 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 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 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 6. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 7. The ABLAPL is accordingly disposed of. 8. Issue urgent certified copy of the order as per Rules. ( A.K Mohapatra ) Judge Anil