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2025 DAILYLAW 25213 (ORI)

IMRAN KHAN v. STATE OF ODISHA

ABLAPL/3764/2025 · 2025-04-09

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3764 of 2025 1. Imran Khan 2. Md. Istyak 3. Abdul Karim 4. Muslim Khan …. Petitioners Mr. S. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.04.2025 01. 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.213 of 2025, pending in the Court of learned J.M.f.C (IV), Cuttack, arising out of Bentkar (42 Mouza) Police Station Case No.66 of 2025, Dtd.27.02.2025 for commission of alleged offences under Sections 238(a)/331(4)/303(2)/3(5) BNS 2023. 3. Learned counsel for the State opposes the prayer. 4. It is submitted by the learned counsel for the Petitioners that one of the co-accused has since been released on bail by the learned Court in seisin. 5. Taking note of the same, this Court is not inclined to entertain the ABLAPL. However, it is directed that Petitioners may surrender before the learned J.M.f.C (IV), Cuttack 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 J.M.f.C (IV), Cuttack on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.f.C (IV), Cuttack, the Petitioners are 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 endeavour to dispose of the bail application of the Petitioners on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.f.C (IV), Cuttack is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) in seisin at the time of consideration of the bail application. 7. Accordingly, the ABLAPL stands disposed of. 8. U.C.C. as per rules. (V. NARASINGH) Judge Soumya