IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4185 of 2025 1. Sk. Abid 2. Idul Khan …. Petitioners Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.04.2025 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.182 of 2025 pending on the file of learned N.G.N.-cum-J.M.F.C., Tangi arising out of Tangi P.S. Case No.202 of 2025 for commission of offences punishable under Sections 61(2) / 111(3)/ 223 / 293/ 303(2)/ 317(2)/ 329(3)/ 296/ 335/ 270/ 280/ 109(1)/ 3(5) of B.N.S.,2023, r/w Section 15 of Environment Act, 1986, Section 39 of Air Prevention and Control of Pollution Act, 1981, Section 21(1) of Mines Minerals (Development and Regulation) Act, 1957 and Section 51 of Odisha Minor Mineral Concession Rules, 2016. 3. It is submitted by the learned counsel for the Petitioners that even if the entire allegation, as reflected in the FIR, is accepted at its face value, no offence under Section 109(1) of BNS is made out. 4. It is further submitted that exaggerated allegations have been made. Hence, Petitioners may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer referring to the statements of the Government Officials including the Tahasildar. 6. It is also the further submission of the learned counsel for the State that some of the co-accused have in the meanwhile been taken into custody. 7. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners may surrender before the learned N.G.N.- cum-J.M.F.C., Tangi 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 N.G.N.- cum-J.M.F.C., Tangi on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned N.G.N.-cum-J.M.F.C., Tangi, the Petitioners are 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 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 N.G.N.-cum-J.M.F.C., Tangi 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) below. 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi Designation: Senior Stenographer