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2025 DAILYLAW 43576 (ORI)

BUBUNA SETHY @ BUBUNA @ GUGUNA SETHI v. STATE OF ODISHA

ABLAPL/7729/2025 · 2025-07-10

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7729 of 2025 1. Bubuna Sethy @ Bubuna @ Guguna Sethi 2. Gudu @ Sunil Kumar Sethy @ Sunil Sethy @ Sunil Sethi …. Petitioners Mr. P.K. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 10.07.2025 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.110 of 2025, pending in the Court of learned S.D.J.M., Kamakhyanagar, arising out of Tumunsingha P.S. Case No.31 of 2025 for commission of offences punishable under Sections 126(2)/ 115/ 109(1)/ 351(2)/ 324(4)/ 308(2)/ 3(5) of the BNS. 3. It is submitted by the learned counsel for the Petitioners that omnibus allegations have been made and the Petitioners are a first offenders and the co- p. 2 accused, who have taken into custody, have since been released on bail. Hence, Petitioners may be protected by pre-arrest bail. 4. On instruction, it is stated that the injuries suffered are not grievous. 5. Learned counsel for the State opposes the prayer for pre-arrest bail, since the co-accused were taken into custody. 6. Taking into account the nature of allegations and the age of the Petitioners and that they have no criminal proclivity, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 7. Learned Court in seisin is requested to verify as to whether the injury suffered is grievous or not and the Petitioners have not more than one criminal antecedent of similar nature. If it comes to the fore that the injury suffered is grievous and the Petitioners have more than one criminal antecedent of similar nature, this order shall not be given effect to. 8. 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. p. 3 9. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer