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2025 DAILYLAW 32279 (ORI)

RAKESH MANGARAJ @ BABUNA MANGARAJ v. STATE OF ODISHA

ABLAPL/5045/2025 · 2025-05-08

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5045 of 2025 Rakesh Mangaraj @ Babuna Mangaraj …. Petitioner Mr. A. Pattanaik, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, 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 G.R. Case No.108 of 2025 pending in the Court of learned J.M.F.C.-cum-Civil Judge (Junior Division), Begunia, arising out of Begunia P.S. Case No.110 of 2025 for commission of offence punishable under Section 109(1)/ 111(3)/ 221/ 224/272/280/296/3(5)/305(e)/317(2)/329(3)/336/ 351(2)/61(2) of BNS and Section 21(1) of OMMDR Act, 1957, Rule 51 of OMMCR Rules, 2016, Section 15 of the Environment Protection Act, 1986 and Section 39 of the AIR (Prevention and Control of Pollution Act, 1981). 3. Learned counsel for the State opposes the prayer for pre-arrest bail. p. 2 4. Considering the nature of allegations and keeping in view the criminal antecedent of the Petitioner, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.-cum-Civil Judge (Junior Division), Begunia 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.- cum-Civil Judge (Junior Division), Begunia 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.-cum-Civil Judge (Junior Division), Begunia, 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 be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.-cum-Civil Judge (Junior Division), Begunia is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. p. 3 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 Ayesha