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2025 DAILYLAW 34852 (ORI)

SIBANANDA SAHOO v. UNION OF INDIA (RAILWAY)

ABLAPL/5912/2025 · 2025-05-23

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5912 of 2025 Sibananda Sahoo …. Petitioner Mr. A. Mishra, Advocate -versus- Union of India (Railway) …. Opposite Party Mr. M.K. Pati, Sr. Panel Counsel CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.05.2025 01. 1. Appearance memo filed by Mr. M.K. Pati, learned Senior Panel Counsel for the Union of India is taken on record. Registry is requested to reflect the name of Mr. M.K. Pati, learned Senior Panel Counsel in the file, cause list as well as Web Portal of this Court. 2. Heard learned counsel for the Petitioner and learned Senior Panel Counsel for the Union of India. 3. The Petitioner is seeking pre-arrest bail in connection with 2(C) CC Case No.16 of 2025 pending on the file of learned J.M.F.C., Jajpur Road arising out of Jajpur Keonjhar Road P.S. Case No.03 of 2025 for commission of offences punishable under Section 3(a) of RP(UP) Act, 1966. 4. Learned counsel for the Petitioner submits that in view of the nature of allegations, custodial interrogation of the Petitioner is unwarranted. p. 2 5. Such submission is opposed by the learned Senior Panel Counsel for the Union of India and he also refers to the criminal antecedents of the Petitioner which runs thus:- i) Ghasipura PS, Keonjhar Case No- 87/2024, dtd- 29-01-2024 U/S-34/379/411 IPC 1860. ii)Nandipada PS, Keonjhar Case No- 230/2024, dtd- 30-07-2024 U/S- 3(5)/ 303(2)/ 317(2) BNS-2023. (iii) Ghasipura PS, Keonjhar Case No- 47/2025, dtd- 30-01-2025 U/S-303(2)/62 BNS-2023. 6. Taking note of the same and on a conspectus of materials on record, 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., Jajpur Road 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., Jajpur Road 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., Jajpur Road, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 7. 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 p. 3 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., Jajpur Road is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Vacation Judge Ayesha