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2025 DAILYLAW 34282 (ORI)

TANMAYA KHATEI v. STATE OF ODISHA

ABLAPL/5563/2025 · 2025-05-23

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5563 of 2025 Tanmaya Khatei …. Petitioner Mr. S. Bahadur, Advocate -versus- State of Odisha …. Opposite Party Smt. S. Moharana, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.05.2025 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.65 of 2022 pending in the Court of learned J.M.F.C., Niali, arising out Niali P.S. Case No.70 of 2022 for commission of offences punishable under Sections 294/353/395/451/506/34 IPC read with Section 135/135A of the Representation of Peoples Act. 3. Learned counsel for the State opposes the prayer for pre-arrest bail. 4. Taking into account the nature of allegation, this Court is not inclined to entertain the prayer for pre- arrest bail. However, ABLAPL is disposed of with the observation that the Petitioner may surrender before p. 2 the learned J.M.F.C., Niali in connection with the aforementioned case within one month from today. 5. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C., Niali on merits in accordance with law in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Niali, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In that event, 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., Niali is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. 7. Accordingly, the ABLAPL stands disposed of. (V. Narasingh) PKS Vacation Judge Designation: Assistant Registrar-cum-Senior Secretary