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2025 DAILYLAW 33136 (ORI)

OM PRAKASH BARIK v. STATE OF ODISHA

ABLAPL/5306/2025 · 2025-05-14

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5306 of 2025 Om Prakash Barik …. Petitioner Mr. B.S. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 14.05.2025 02. 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.254 of 2025 pending on the file of learned J.M.F.C.(IV) (Cog. Taking), Bhubaneswar arising out of Nayapali P.S. Case No.103 of 2025 for commission of offences punishable under Sections 137(2) of BNS. 3. Perused the statement of the victim recorded under Section 183 of BNSS, who is aged about 17 years. 4. Taking into account the tenor thereof, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C.(IV) (Cog. p. 2 Taking), Bhubaneswar 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.(IV) (Cog. Taking), Bhubaneswar 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.(IV) (Cog. Taking), Bhubaneswar, 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 endeavour 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.(IV) (Cog. Taking), Bhubaneswar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. 6. Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi