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2025 DAILYLAW 10170 (ORI)

SUREN @ SUREN KUMAR SAHU v. STATE OF ODISHA

ABLAPL/513/2025 · 2025-01-17

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.513 of 2025 Suren @ Suren Kumar Sahu ..... Petitioner Represented By Adv. - Akshaya Kumar Sahoo -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Mohanty, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.01.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Parties and perused the records. 3. The Petitioner apprehending his arrest in the present case arising out of Barkote O.R. Case No.57B of 2024-25, corresponding to 2(b) C.C. Case No.1 of 2025, pending in the Court of learned J.M.F.C., Barkote, registered for alleged commission of offences punishable under Sections 9, 39, 44, 49B, 51 of the Wildlife (Protection) Act, 1972. 4. It is stated by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case on the basis of co-accused statement. He further contended that nothing has been recovered from the exclusive and conscious possession of the present Petitioner. Page 2 of 2. 5. Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner. However, on the submission of the leaned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Barkote, 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. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout