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2025 DAILYLAW 40967 (ORI)

PRATAP KUMAR SWAIN v. STATE OF ODISHA

ABLAPL/7137/2025 · 2025-06-24

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7137 of 2025 Pratap Kumar Swain …. Petitioner Mr. A.K. Subudhi, 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 Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.690 of 2025 pending in the Court of learned J.M.F.C.(O), Bhubaneswar, arising out of Balianta P.S. Case No.162 of 2025 for commission of the alleged offence under Sections 303(2)/317(2)/3(5) of BNS read with Section 12 of the Orissa Mines and Mineral (Prevention of Theft Smuggling Activities Act, 1989 and Section 68 of the Orissa Minor Mineral Concession Rules,2004. 3. Learned counsel for the State opposes the prayer for pre-arrest bail. 4. Taking into account the nature of allegation and the punishment prescribed, it is directed that p. 2 on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 5. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 6. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof. 7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha