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2025 DAILYLAW 36962 (ORI)

MANGULU CHARAN PRADHAN v. STATE OF ODISHA

ABLAPL/6170/2025 · 2025-08-13

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6170 of 2025 Mangulu Charan Pradhan …. Petitioner Mr. S.R. Rout, Advocate on behalf of Mr. K.C. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.08.2025 02. 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.222 of 2025 pending in the Court of learned J.M.F.C, Digapahandi, arising out of Digapahandi P.S. Case No.174 of 2025 for commission of offence punishable under Sections 106(1)/3(5) of BNS. 3. It is submitted by the learned counsel for the State, on instruction, that the Petitioner has not cooperated with the ongoing investigation. 4. Such submission is opposed by the learned counsel for the Petitioner, inter alia, on the ground that the Petitioner cannot be compelled to provide material against him which will be affront to the p. 2 constitutional guarantee under Article 20(3) of the Constitution of India. 5. Instruction received by the learned counsel for the State is taken on record. 6. From the said instruction, it is revealed that on being protected by an order of this Court dated 10.06.2025 the Petitioner has been threatening the Complainant to compromise the case and in this connection Digapahandi P.S. Case No.284 dated 8.8.2025 under Sections 232/351(2)/3(5) of BNS has been registered. It is also brought to the notice of this Court that the Petitioner has one criminal antecedent having been involved in Digapahandi P.S. Case No.101 of 2013 under Sections 304/506/34 IPC. 7. Considering the background in which the accusation has been made, this Court is not inclined to grant exceptional remedy of pre-arrest bail. it shall be open for the Petitioner to surrender before the learned Court in seisin in the aforesaid case and move an application for his release on bail and in such event the same shall be considered on its own merit. 8. Accordingly, ABLAPL stands disposed of. (V. NARASINGH) Judge PKS Designation: Assistant Registrar-cum-Senior Secretary