Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3705 of 2025
Sk. Nasimuddin …. Petitioner
Mr. S. Dash, 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 Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.457 of 2025, pending in the Court of learned JMFC, Chandikhole, arising out of Balichandrapur P.S. Case No.68 of 2025 for commission of alleged offences under Sections 303(2) and 317(2) of BNS read with section 68 of Orissa Minor Minerals Concession Rules,2004.
3. It is submitted by the learned counsel that earlier the anticipatory bail application of the Petitioner was disposed of by order dated 21.03.2025 in ABLAPL No.3002 of 2025 giving him liberty to surrender and move for bail subject to verification of criminal antecedents. p. 2
4. It is further submitted by the learned counsel that inadvertently it could not be brought to the notice of this Court that the Petitioner is also cited as an accused in a similar case in the year 2022 and he further stated that such omission was not willful. Hence, he may be protected by pre-arrest bail.
5.
Learned counsel for the State opposes the prayer.
6. Taking into account that the punishment prescribed and the criminal antecedent is of the year 2022, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.
7. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.
8. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof.
9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. p. 3
10. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge Soumya