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2025 DAILYLAW 41340 (ORI)

BIBHUTI RANJAN DAS v. STATE OF ODISHA

ABLAPL/7278/2025 · 2025-08-13

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7278 of 2025 Bibhuti Ranjan Das …. Petitioner Mr. A. Pradhan, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.08.2025 02. 1. It is submitted by the learned counsel for the Informant that she has filed Vakalatnama for the Informant. Registry is requested to verify and reflect the name of the Informant. 2. Heard learned counsel for the Petitioner and learned counsels for the State as well as Informant. 3. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.409 of 2025 pending on the file of learned JMFC(R), Balasore, arising out of Khantapada P.S. Case No.140 of 2025 for commission of offences punishable under Sections 318(4), 336(3), 340(2), 296, 351(3) and 3(5) of BNS, 2023. 4. It is submitted by the learned counsel that the allegations are primarily against the then Branch Head-Saroj Kumar Gochhayat for siphoning p. 2 of money and the present Petitioners have been implicated for such defalcation in connivance with the said Saroj Kumar Gochhayat who is stated to be in custody. 5. Learned counsel for the Informant submits that the present Petitioners, who are working in the company have actively connived with the principal accused and as a result of which in spite of parting with valuable consideration, he is yet to get the vehicle for which he is entitled. Hence, no leniency ought to be shown. 6. It is further submitted by the learned counsel for the informant that taking advantage of the interim order, the Petitioner is threatening the informant, compelling him to withdraw the case. 7. Such allegations are refuted by the learned counsel for the Petitioner. 8. Learned counsel for the State places the Case Diary. 9. On perusal of which it is seen that the principal accused is in custody. 10. Taking into account the nature of allegations, this Court is persuaded to hold that custodial interrogation of the Petitioner is not warranted. Hence, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned p. 3 Court in seisin on such terms as deemed just and proper. 11. Additionally, it is directed that the Petitioner shall appear before the jurisdictional Police Station once a week till conclusion of investigation and shall not in any way try to intimidate or threaten the Informant or his family. 12. It shall be open for the prosecution as well as Informant to seek variance of this order if there is any threat perception. 13. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina