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2025 DAILYLAW 35151 (ORI)

SATYABHAMA PAIKARAY v. STATE OF ODISHA

ABLAPL/5719/2025 · 2025-05-20

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5719 of 2025 1. Satyabhama Paikaray 2. Dipuna Sahoo 3. Chhabi Swain 4. Ranjan Rashmi Mohanty …. Petitioners Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 20.05.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the Opposite Party. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.272 of 2025 pending in the Court of learned NGN-cum-JMFC, Tangi, arising out of Nirakarpur P.S. Case No.96 of 2025 for commission of offence punishable under Sections 305(e)/ 329(3)/ 61(2)/ 317(2)/ 3(5) of BNS, 2023 read with Section 51 of Odisha Minor Mineral Concession Rule, 2016. 3. During the course of submission, learned counsel for the Petitioner files a memo stating therein that he prays for withdrawal of the ABLAPL in respect of the Petitioner No.1 ( Satyabhama Paikaray) since he was taken into custody. 4. In view of the same, the ABLAPL in respect of Petitioner No.1 (Satyabhama Paikaray) is disposed of as withdrawn. 5. So far as the Petitioner Nos.2 to 4 are concerned, it is submitted by the learned counsel that it is a case of false implication. Hence, he seeks pre- arrest bail. 6. Learned counsel for the State opposes the prayer, inter alia, on the ground that the Petitioner No.1 has been taken into custody, the other Petitioners ought not to be protected by pre-arrest bail. 7. Taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.2 to 4 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. 8. If it comes to fore that the Petitioner Nos.2 to 4 have any such criminal antecedent, this order shall not be given effect to. 9. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof. 10. It is needless to state that the Petitioner Nos.2 to 4 shall cooperate with the ongoing investigation. 11. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Vacation Judge Soumya Designation: Senior Senographer