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2025 DAILYLAW 23402 (ORI)

BISWA RANJAN HATI v. STATE OF ODISHA

ABLAPL/3090/2025 · 2025-03-25

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3090 of 2025 Biswa Ranjan Hati … Petitioner Mr. M.K. Chand, Advocate -versus- State of Odisha …. Opposite Party Mr. R.B. Dash, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 25.03.2025 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.63 of 2025 pending on the file of learned S.D.J.M., Anandapur arising out of Ghasipura P.S. Case No.48 of 2025 for commission of offence punishable under Sections 303(2), 317(2) and 3(5) of BNS. 3. This Court vide order dated 20.02.2025 in ABLAPL No.1743 of 2025 directed the release of the Petitioner on surrendering subject to verification of antecedent. 4. It is submitted by the learned counsel that it was not within the knowledge of the counsel by the said date that the Petitioner was cited as an accused in C.T.(S) No.105(A) of 2011 in which he has since been acquitted vide judgment dated 26.06.2024 passed by learned Assistant Sessions Judge-Cum-C.J.M., Angul and he also cited as an accused in G.R. Case No.971 of 2024 on the file of the learned J.M.F.C. (CT), Keonjhar arising out of Harichandanpur P.S. Case No.155 of 2024 and as such the Petitioner could not avail the order referred to hereinabove. 5. Considering the nature of allegations, this Court is not inclined to entertain this application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned S.D.J.M., Anandapur in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Anandapur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned S.D.J.M., Anandapur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Anandapur is called upon to transmit the case record to the higher forum in the second hour in the event of rejection of such bail application. 7. Accordingly, the ABLAPL stands disposed of. 8. U.C.C. as per rules. (V. NARASINGH) Judge Jina