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2025 DAILYLAW 17092 (ORI)

PRAFULLA NAYAK @ BUBU v. STATE OF ODISHA

ABLAPL/1825/2025 · 2025-02-20

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1825 of 2025 1. Prafulla Nayak @ Bubu 2. Anirudha Nayak 3. Tapan Kumar Dibedy 4. Himansu Dash 5. Muktikanta Barik @ Nandu …. Petitioners Mr. A.K. Raut, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 20.02.2025 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.296 of 2025 pending in the Court of learned S.D.J.M. Bhadrak, arising out of Bonth P.S. Case No.23 of 2025 for commission of offence punishable under Sections 333/ 296/ 117(2)/ 351(3)/ 324(4)/ 303(2)/ 3(5) of BNS. 3. It is submitted by the learned counsel that essentially a civil dispute which is up suit of agreement in Annexure-2 has been given a color of criminality, and the F.I.R at Annexure-1 has been instituted. Hence, the Petitioners seek release on pre-arrest bail. 4. Learned counsel for the State opposes the prayer. 5. Taking into account that the highest punishment prescribed for the alleged offence under Section 333 of BNS, this Court has no iota of doubt that the authority shall scrupulously follow the guidelines laid down by the Apex Court in the case of Arnesh Kumar vrs. State of Bihar & another, (2014) 8 SCC 273 and reiterated in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in (2022) 10 SCC 51. 6. In view of the above, this ABLAPL stands disposed of. (V. NARASINGH) Judge Soumya