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2025 DAILYLAW 24575 (ORI)

KAILASH BEHERA v. STATE OF ODISHA

ABLAPL/3496/2025 · 2025-05-07

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3496 of 2025 1. Kailash Behera 2. Ashok Behera 3. Chandini Behera 4. Susila Behera @ Sushila …. Petitioners Mr. S.K. Mahanty, Advocate -versus- State of Odisha …. Opposite Parties Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.05.2025 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 G.R. Case No.133 of 2025 pending on the file of learned J.M.F.C., Digapahandi arising out of Digapahandi P.S. Case No.109 of 2025 for commission of offences punishable under Sections 296/126(2)/118(1)/115(2)/76/351(2)/3(5)/109 of BNS. 3. Learned counsel for the State opposes the prayer. 4. Taking into account the nature of allegations and the role played by the Petitioners as borne out p. 2 from the Case Diary and injury report, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner Nos.1 and 2 (Kailash Behera and Ashok Behera). 5. Accordingly, the ABLAPL in respect of Petitioner Nos.1 and 2 (Kailash Behera and Ashok Behera) stands rejected. 6. So far as ABLAPL in respect of Petitioner Nos.3 and 4 are concerned, it is directed that that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.3 and 4 (Chandini Behera and Susila Behera @ Sushila) 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 Santoshi Designation: Senior Stenographer