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2025 DAILYLAW 33596 (ORI)

CHINMAY BEHERA @ CHINMAYA BEHERA @ KALIA v. STATE OF ODISHA

ABLAPL/5367/2025 · 2025-07-28

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5367 of 2025 Chinmay Behera @ Chinmaya Behera @ Kalia …. Petitioner Mr. S. Dwibedi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. K. Brahma, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.07.2025 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.72 of 2025 pending on the file of learned JMFC, Chandikhole, arising out of Dharmasala P.S. Case No.21 of 2025 for commission of offences punishable under Section 296/126(2)/115(2)/351(3)/303(2) of BNS, 2023. 3. It is submitted by the learned counsel for the Petitioner that since admittedly the Petitioner is working under the Informant, he has been falsely implicated and draws the attention of this Court to the FIR at Annexure-3 i.e. Dharmasala P.S. Case No.210 of 2025 in which the Petitioner was cited as an accused and that the Petitioner was taken into custody in the said case and was released on bail. Copy of this order at Annexure-3. Hence, the Petitioner seeks pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of any other criminal antecedent of similar nature than the one as noted hereinabove. 6. If it comes to the fore that the Petitioner has any other criminal antecedent of similar nature than the one as noted hereinabove, this order shall not be given effect to. 7. 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. 8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina Designation: Junior Stenographer