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2025 DAILYLAW 35573 (ORI)

AMIT NAYAK v. STATE OF ODISHA

ABLAPL/5812/2025 · 2025-05-23

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5812 of 2025 Amit Nayak …. Petitioner Mr. C. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA 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.326 of 2025 pending in the Court of learned J.M.F.C-1, Cuttack, arising out Choudwar P.S. Case No.210 of 2025 for commission of offences punishable under Sections 115(2)/296/303(2)/351(3) of BNS. 3. It is submitted by the learned counsel that the Petitioner was directed to be released on bail by order dated 03.05.2025 in ABLAPL No.4686 of 2025 subject to verification of criminal antecedent taking into account that the Petitioner does not have any criminal antecedents. p. 2 4. It is further submitted that inadvertently it could not be brought to the notice of this Court that the Petitioner is cited as accused in Choudwar P.S. Case No.246 of 2020 under Sections 341/323/294/506/34 IPC and Choudwar P.S. Case No.316 of 2020 under Sections 341/323/324/294/448/354-A/506/34 IPC. 5. It is stated that non-mentioning of the antecedents was bona fide. 6. Such submission is opposed by the learned counsel for the State, inter alia, on the ground that the Petitioner did not approach the Court with clean hands. 7. Taking into account the nature of allegation, it is directed 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 not more than two criminal antecedents of any nature. If it comes to fore that the Petitioner has any other antecedents than the noted above, this order shall not be given effect to. 8. Before releasing learned Court in seisin shall also verify as to whether the order of this Court has been assailed before the Apex Court and if so, the result thereof. p. 3 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. (V. Narasingh) PKS Vacation Judge Designation: Assistant Registrar-cum-Senior Secretary