KABITA RAUTRAYA @ RAUTRAYA @ GEETA SWAIN v. STATE OF ODISHA
ABLAPL/6964/2025 · 2025-08-06
V Narasingh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39666 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39666 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 6964 of 2025
1. Kabita Rautraya @ Rautraya @ Geeta Swain
2. Pramila Swain …. Petitioners
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S. Panda, ASC Mr. B.B. Rout, Adv. (Informant)
ABLAPL No. 7014 of 2025
1. Bharat Swain
2. Pratap Swain …. Petitioners
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha …. Opposite Party Mr. S. Panda, ASC Mr. B.B. Rout, Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 06.08.2025
02.
1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.
2. Heard learned counsel for the Petitioners,
learned counsel for the State and learned counsel for the Informant. 3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1030 of 2025 pending on the file of learned J.M.F.C.(O), Bhubaneswar, arising out of Chandaka P.S. Case No.179 of 2025 for commission of offences punishable under Sections 126(2)/115(2)/109/331(3)/351(2)/3(5) of BNS. 4. It is submitted by the learned counsel for the Petitioners that because of ongoing civil litigation, the incident has happened without any premeditation and taking into account the nature of injuries, which is being simple, Petitioners may be protected by pre- arrest bail. 5. Such submission is opposed by the learned counsel for the State as well as informant, inter alia, on the ground that the injured is still undergoing treatment and one of the co-accused Tapan Behera has been forwarded. 6. Taking into account the role ascribed to the Petitioners in ABLAPL No.6964 of 2025, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners in ABLAPL No.6964 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. Page 3 of 4
7. So far as Petitioners in ABLAPL No.7014 of 2025 are concerned, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners in ABLAPL No.7014 of 2025 may surrender before the learned J.M.F.C.(O), Bhubaneswar 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.(O), Bhubaneswar 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.(O), Bhubaneswar, the Petitioners in ABLAPL No.7014 of 2025 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 endeavor to dispose of the bail application of the Petitioners in ABLAPL No.7014 of 2025 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners in ABLAPL No.7014 of 2025 and learned J.M.F.C.(O), Bhubaneswar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Page 4 of 4
Ground of parity, if any, may be considered by the learned court(s) below. The forums below are requested to verify the criminal antecedents of the Petitioners in ABLAPL No.7014 of 2025 of similar nature. 9. Accordingly, both the ABLAPLs stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH)
Judge Santoshi