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2025 DAILYLAW 33147 (ORI)

RAJU @ KANHU MAHARANA v. STATE OF ODISHA

ABLAPL/5546/2025 · 2025-07-28

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5546 of 2025 1. Raju @ Kanhu Maharana 2. Jitendra Moharana 3. Goutam Maharana 4. Pitabash Maharana …. Petitioners Mr. A.K. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.07.2025 02. 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.721 of 2025 pending on the file of learned S.D.J.M., Kendrapara arising out of Kendrapara Town P.S. Case No.78 of 2025 for commission of offences punishable under Sections 109/296/117(2)/351(3)/3(5) of BNS. 3. Learned counsel for the Petitioners submits that the incident happened on the spur of the p. 2 moment without any premeditation. Hence, the Petitioners may be protected by pre-arrest bail. 4 Learned counsel for the State opposes the prayer. 5. Perused the Case Diary which indicates that the injury is simple. 6. Taking note of the same, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 7. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to. 8. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. 9. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi