IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2576 of 2025 Kalu @ Dibya Prasad Mishra …. Petitioner Mr. S.K. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.03.2025 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.134 of 2025 pending on the file of learned J.M.F.C.(Cog.2), Puri arising out of Satyabadi P.S. Case No.58 of 2025 for commission of offences punishable under Sections 126(2)/ 115(2)/ 117(2)/ 303(2)/ 109(1)/ 351(2)/ 3(5) of BNS. 3. Learned counsel for the Petitioner submits that initially the implication of offence was not under Section 109(1) of BNS and later on the same has been added and referring to the statements of one of the witnesses, namely, Basar Ali Khan, it is submitted that exaggerated allegations have been made. Hence, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the state opposes the prayer. 5. This Court perused the injury report of the injured and also the statements on record including that of father of the injured, Mir Sayed Ali @ Pintu. 6. Taking note of the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.(Cog.2), Puri in connection with the aforementioned case within one month from today. 7. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C.(Cog.2), Puri on merits in accordance with law in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C.(Cog.2), Puri, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 8. On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In that event, the case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.(Cog.2), Puri is called upon to transmit the case record to the higher forum in the second hour in the event of rejection of the bail application by him. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Santoshi Designation: Senior Stenographer