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2025 DAILYLAW 35675 (ORI)

ABDUL SAKUR v. STATE OF ODISHA

ABLAPL/5734/2025 · 2025-05-20

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5734 of 2025 1. Abdul Sakur 2. Abdul Mobarrak 3. Abdul Idrish 4. Siddik Khan …. Petitioners Mr. M. Akram, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 20.05.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the Opposite Parties. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. No.135 of 2025 pending in the Court of learned J.M.F.C, Narasinghpur, arising out of Narasinghpur P.S. Case No.58 of 2025 for commission of offence punishable under Sections 85/109(2)/296/351(2)/3(5) of BNS of 2023 and Sec.3 of Explosive Substances Act, 1908. 3. It is submitted by the learned counsel that the Petitioners were before this Court in ABLAPL No.4443 of 2025 by order dated 24.04.2025. The present Petitioners were 1,3,4 & 6 therein. 4. It is further submitted by the learned counsel that in the meanwhile the principal accused was taken into custody, has been released on bail and referring to the same, the learned counsel for the Petitioners submits that their application be considered. 5. Learned counsel for the State opposes such prayer and submits that this Court taking into account the nature of allegations, had rejected the bail application on 24.04.2025 and since there is no change in circumstance, this application ought not to be entertained. 6. Taking into account the nature of allegations and release of co-accused as stated, this ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned J.M.F.C, Narasinghpur 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, Narasinghpur 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, Narasinghpur, the Petitioners are 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 endeavour to dispose of the bail application of the Petitioners on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C, Narasinghpur 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 Soumya Designation: Senior Senographer