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2025 DAILYLAW 19084 (ORI)

CHAITANYA TARAI @ CHAITANA TAREI v. STATE OF ODISHA

ABLAPL/2203/2025 · 2025-04-30

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2203 of 2025 Chaitanya Tarai @ Chaitana Tarei …. Petitioner Mr. L. Samantaray, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 30.04.2025 02. 1. Learned counsel Mr. L. Samantray appears for the Petitioner. The consent memo is taken on record. 2. Name of learned counsel Mr. Samantaray be reflected in the file, cause list as well as in the web portal of this Court. 3. Heard learned counsel for the Petitioner and learned counsel for the State. 4. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.97 of 2025 pending on the file of learned J.M.F.C., Cog-1, Puri arising out of Krushna Prasad P.S. Case No.26 of 2025 for commission of offences punishable under Sections 105/3(5) of the B.N.S read with Section 135 of Electricity Act. 5. It is submitted by the learned counsel for the Petitioner that admittedly the fencing was connected to electric wires to keep at bay wild boars and unfortunately the father of the Informant died accidentally and keeping in view the nature of allegations, custodial interrogation of the Petitioner is unwarranted. 6. Such submission is opposed by the learned counsel for the State. 7. Taking into account the nature of allegations and keeping in view the principle laid down by the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, (2022) 10 SCC 51 as reiterated in Satender Kumar Antil vrs. Central Bureau of Investigation & another, 2023 SCC Online SC 452 relating to the discretion to be exercised while considering the application for anticipatory bail, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent. 8. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to. 9. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. 10. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 11. Accordingly, the ABLAPL stands disposed of. 12. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi Designation: Senior Stenographer