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2025 DAILYLAW 31473 (ORI)

NIRANJAN BEHERA @ JITU v. STATE OF ODISHA

ABLAPL/4865/2025 · 2025-07-22

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4865 of 2025 Niranjan Behera @ Jitu …. Petitioner Mr. K. Pradhan, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.07.2025 04. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is 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, Dist- Khurda 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) BNS read with U/s 21(1) MMDR Act read with U/s 51 of OMMC Rules, 2016, Section 15 of Environment Protection Act, 1986 and Section 39 of Air Pollution Act. 3. Learned counsel for the State opposes the prayer for pre-arrest bail. 4. On a conspectus of materials on record, the ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned N.G.N.- cum-J.M.F.C., Tangi, Dist-Khurda 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, Dist-Khurda 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, Dist-Khurda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 5. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned N.G.N.-cum- J.M.F.C., Tangi, Dist-Khurda 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. 6. Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi