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2025 DAILYLAW 40656 (ORI)

KARTIK BEHERA @ KARIK @ ANNA v. STATE OF ODISHA

ABLAPL/7203/2025 · 2025-07-03

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7203 of 2025 Kartik Behera @ Kartik @ Anna …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 03.07.2025 01. 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.55 of 2025 pending in the Court of learned J.M.F.C., Patrapur, arising out of Nuagaon P.S. Case No.41 of 2025 for commission of offence punishable under Sections 109/140(2)/ 351(3)/ 61(2)/ 61(2)(a) of B.N.S.,2023. 3. This is the second journey of the Petitioner to this Court. Earlier the anticipatory bail applications of the Petitioner i.e. ABLAPL No.1393 of 2025 was disposed of by this Court by common order dated 25.03.2025 as withdrawn. p. 2 4. It is submitted by the learned counsel for the Petitioner that, in the meanwhile, some of the co- accused who were taken into custody have been released on bail and another co-accused Ayushman Subudhi, whose application was taken up along with the Petitioner in ABLAPL No.2047 of 2025 , has been permitted to surrender and seek for bail in terms of the order passed by this Court dated 10.06.2025 in ABLAP No.6122 of 2025. Hence, the Petitioner seeks pre- arrest bail, inter alia, on the ground of parity. 5. Learned counsel for the State opposes the prayer taking into account the nature of allegations and criminal proclivity of the Petitioner. 6. Considering that the co-accused is similarly circumstances with the Petitioner, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Patrapur 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., Patrapur 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., Patrapur, the Petitioner is at p. 3 liberty to move the higher forum for bail in the second hour on the same day. 7. On being so moved, the higher forum shall make an endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In the event, the case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Patrapur 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 similar nature. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Soumya