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2025 DAILYLAW 30596 (ORI)

BHARAT CHANDRA MALIK v. STATE OF ODISHA

ABLAPL/5066/2025 · 2025-05-08

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5066 of 2025 Bharat Chandra Malik …. Petitioner Mr. B.K. Behera 1, Advocate -versus- State of Odisha …. Opposite Party Mr. R.B. Dash, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.05.2025 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.362 of 2025 pending in the Court of learned S.D.J.M., Jajpur, arising out of Binjharpur P.S. Case No.63 of 2025 for commission of offence punishable under Section 303(2)/3(5) of BNS. 3. The Petitioner was before this Court in ABLAPL No.2251 of 2025 and by order dated 07.03.2025, this Court directed the Petitioner to surrender and move for bail and that the same shall be considered on its own merit and the ground of parity was also directed to be considered if so urged. Thereafter the Petitioner filed I.A. No.751 of 2025 seeking modification of the order dated 07.03.2025 inter alia on the ground that the Petitioner had criminal antecedents and by order dated 09.04.2025, while not entertaining the I.A. this Court given liberty to the Petitioner to file the application afresh. Hence, the present application has been filed. 4. Taking into account the nature of allegations and keeping in view the criminal antecedents of the Petitioner, this Court is not inclined to entertain the prayer for pre-arrest bail. However, it is directed that in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit taking into account the ground of parity, if so canvassed. 5. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Ayesha