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2025 DAILYLAW 36636 (ORI)

JAGAT @ JAGABANDHU PALEI v. STATE OF ODISHA

ABLAPL/6017/2025 · 2025-05-27

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6017 of 2025 1. Jagat @ Jagabandhu Palei 2. Bhakta @ Bhakta Bandhu Palei 3. Nayan Palei …. Petitioners Mr. P.S. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. R.B. Dash, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.05.2025 01. 1. Heard learned counsel for the Petitioners and the learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.330 of 2025, pending in the Court of learned J.M.F.C. (C.T) Keonjhar, arising out of Nayakote P.S. Case No.59 of 2025 for commission of alleged offences under Section 296, 115(2), 74, 351(2), 3(5) of B.N.S 2023. 3. This is the second journey of the Petitioners to this Court. p. 2 4. It is submitted by the learned counsel that the present Petitioners were before this Court in ABLAPL No.4747 of 2025 by order dated 06.05.2025 as Petitioners 2,1 & 4 respectively and they were directed to be released on pre-arrest bail subject to verification of criminal antecedent of similar nature. 5. It is submitted by the learned counsel for the Petitioners that inadvertently it could not be brought to the notice of this Court that the present Petitioners have criminal antecedent of similar nature. Hence, they may be protected by the pre-arrest bail. 6. Learned counsel for the State opposes the prayer. 7. Taking into account the nature of allegations, this Court is not inclined to entertain the ABLAPL. However, it is directed that Petitioner may surrender before the learned J.M.F.C.(C.T),Keonjhar in connection with the aforementioned case within one month from today. In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C.(C.T),Keonjhar 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.(C.T),Keonjhar, the Petitioners p. 3 are at liberty to move the higher forum for bail in the second hour on the same day. 8. 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.(C.T),Keonjhar 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. 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Vacation Judge Soumya Designation: Senior Senographer