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2025 DAILYLAW 19982 (ORI)

JAMINI DASH v. STATE OF ODISHA

ABLAPL/2408/2025 · 2025-04-29

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2408 of 2025 1. Jamini Dash 2. Sibani Dash 3. Sagar Dash 4. Akash Dash @ Sujal Dash …. Petitioners Mr. P.K. Jena, Advocate -versus- 1. State of Odisha 2. Minati Dash …. Opposite Parties Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2025 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 1 C.C. Case No.66 of 2024 pending on the file of learned J.M.F.C., Aul, Kendrapara for commission of offences punishable under Sections 420/ 323/ 294/ 341/ 506/ 34 of IPC. 3. It is submitted by the learned counsel that taking into account the nature of allegations, custodial interrogation of the Petitioners is not necessary. Hence, they may be protected by pre- arrest bail. 4. Learned counsel for the State opposes the prayer the prayer inter alia on the ground that the Petitioners are not appearing before the learned Court. Hence, they ought not to be protected by pre- arrest bail. 5. It is submitted by the learned counsel for the Petitioners that on the earlier occasion, similar allegations were made and pursuant to the order passed by the learned Magistrate, Rajkanika P.S. Case No.144 of 2024 was registered and after investigation protest petition was filed and on the basis of protest petition cognizance has been taken in the case at hand and process has been issued. 6. Taking into account the nature of allegations and the background in which the same has been made, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 7. 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. 8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha