IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7125 of 2025 1. Jitendra Maharana 2. Budhi Maharana …. Petitioners Mr. K. Behera, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.06.2025 01. 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.506 of 2025 pending in the Court of learned J.M.F.C., Nimapara, arising out of Balanga P.S. Case No.105 of 2025 for commission of offence punishable under Sections 115(2)/123/3(5)/85 of BNS. 3. It is submitted by the learned counsel for the Petitioners that taking into account the omnibus nature of allegations and the punishment prescribed, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. Page 2 of 3 5. This Court perused the statement of the complainant and the independent witnesses and the injury report. 6. This Court is conscious of the fact that generally in a case of this nature, omnibus allegations are being made wherein the mother-in- law is roped in on account of the relationship of the informant with her son, but in the case at hand on the basis of materials on record, this Court is constrained to hold that the needle suspicion firmly points to the complicity of the Petitioner No.2- mother-in-law and so far as allegations qua Petitioner No.1 is concerned, they are omnibus. 7. Taking into account the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.1 (Jitendra Maharana) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 8. Before releasing the said Petitioner, learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. 9. So far as Petitioner No.2 is concerned, this Court is not inclined to entertain the ABLAPL in respect of Petitioner No.2 (Budhi Maharana). Page 3 of 3 However, keeping in view that the said Petitioner is a lady, this Court directs that the Petitioner may surrender before the learned J.M.F.C., Nimapara in connection with the aforementioned case within one month from today. In the event of her surrender and motion for bail, the same be considered by the learned J.M.F.C., Nimapara 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., Nimapara, the Petitioner No.2 is at liberty to move the higher forum for bail in the second hour on the same day. 10. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner No.2 on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.2 and learned J.M.F.C., Nimapara 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. 11. Accordingly, the ABLAPL stands disposed of. 12. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha