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2025 DAILYLAW 20196 (ORI)

SATYABADI NAYAK @ KATHIA NAYAK v. STATE OF ODISHA

ABLAPL/2431/2025 · 2025-03-11

V Narasingh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2431 of 2025 Satyabadi Nayak @ Kathia Nayak …. Petitioner Mr. A.S. Paul, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 11.03.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.81 of 2025 pending in the Court of learned J.M.F.C. Cog. Taking, Khordha, arising out of Bolagarh P.S. Case No.39 of 2025 for commission of offence punishable under Sections 296/115(2)/74 of BNS. 3. The Petitioner has been cited as an accused in Bolagarh P.S. Case No.39 of 2025. 4. Registry has placed on record the order of ABLAPL No.2071 of 2025 in which this Court by order dated 04.03.2025 directed that on surrendering the Petitioner shall be released on bail subject to p. 2 verification of criminal antecedent. The said order is quoted hereunder: “IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2071 of 2025 Satyabadi Nayak @ Kathia Petitioner Mr. S.K. Baral, Advocate -versus- State of Odisha Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 04.03.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.81 of 2025, pending in the Court of learned J.M.F.C., Cog. Taking, Khurda, arising out of Bolagarh P.S. Case No.39 of 2025 for commission of alleged offences under Sections 296/115(2)/74 of BNS. 3. It is submitted by the learned counsel for the Petitioner that because of the previous dispute inter se between the parties, the exaggerated allegation has been made in the F.I.R. Hence, the Petitioners seek pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. Taking into account the nature of allegation and punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be p. 3 released on bail by the learned Court in seisin on such terms as deemed just and proper. 6. Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has more than one criminal antecedent. If it comes to fore that the Petitioner has more than one criminal antecedent, this order shall not be given effect to. 7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of.” 4. In view of the same, taking a lenient view the ABLAPL is disposed of without imposing any cost. (V. NARASINGH) Judge PKS