Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 7440 of 2025
1. Arakhita Pradhan
2. Sarbeswar Pradhan
3. Nayana Pradhan
4. Juluki Pradhan
5. Rama Pradhan
6. Jiban Pradhan
7. Basudev Rout
8. Parikhita Pradhan …. Petitioners
Ms. D. Lenka, Advocate
-versus-
State of Odisha …. Opposite Party Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 18.08.2025
02. 1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No. 274 of 2025 pending in the Court of learned J.M.F.C., Salepur, arising out of Bhadreswar P.S. Case No.102 of 2025 for commission of offence punishable under Sections 296/ 115(2)/ 109(1)/ 351(3)/ 3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioners that because of the counter FIR false allegations have been labeled against the Petitioners. Hence, they may be protected by pre-arrest bail.
4.
Learned counsel for the State opposes the prayer for pre-arrest bail referring to the forwarding report of one of the co-accused which indicates that the injury suffered by the injured is grievous and that is on the hand and on the head. It is also submitted that the Petitioners have criminal antecedents.
5. Taking into account the omnibus nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.3 to 5 (Nayana Pradhan, Juluki Pradhan & Rama Pradhan respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
6. So far as Petitioner Nos.1, 2, 6 to 8 (Arakhita Pradhan, Sarbeswar Pradhan, Jiban Pradhan, Basudev Rout & Parikhita Pradhan respectively) are concerned, taking into account the nature of allegation, this Court is not inclined to entertain the ABLAPL in respect of the said Petitioners. However it is directed that the Petitioner Nos.1, 2, 6 to 8 (Arakhita Pradhan, Sarbeswar Pradhan, Jiban Pradhan, Basudev Rout & Parikhita Pradhan respectively) may surrender before the learned J.M.F.C., Salepur 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., Salepur 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., Salepur, the Petitioner Nos.1, 2, 6 to 8 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 Petitioner Nos.1, 2, 6 to 8 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of Petitioner Nos.1, 2, 6 to 8 and learned J.M.F.C., Salepur 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. U.C.C. as per rules.
(V. NARASINGH)
Judge
Ayesha