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2025 DAILYLAW 39677 (ORI)

TUKUNA PRADHAN v. STATE OF ODISHA

ABLAPL/7011/2025 · 2025-08-11

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7011 of 2025 Tukuna Pradhan …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 11.08.2025 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.1184 of 2025 pending on the file of learned J.M.F.C., Khallikote, arising out of Khallikote P.S. Case No.448 of 2025 for commission of offences punishable under Sections 126(2)/296/115(2)/118(1)/109/351(3)/3(5) of BNS. 3. It is submitted by the learned counsel for the Petitioner that omnibus allegations have been made and specific overt act is attributed to one Amar Pradhan, who is in custody. Hence, the Petitioner may be protected by pre-arrest bail. p. 2 4. It is further submitted that one of the co- accused Malay Pradhan has been filed released on bail after being taken into custody. 5. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the statement of the injured. 6. Considering the injury, which is grievous and the statement of the injured and the manner in which the assault have been made, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C., Khallikote 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., Khallikote 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., Khallikote, the Petitioner is 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 endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail p. 3 application of the Petitioner and learned J.M.F.C., Khallikote 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. The forums below are requested to verify the criminal antecedents of the Petitioner of any nature. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi