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2025 DAILYLAW 4396 (ORI)

BRUNDABAN NAIK v. STATE OF ODISHA

ABLAPL/15002/2025 · 2026-01-05

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.15002 of 2025 1. Brundaban Naik 2. Sabita Naik …. Petitioners Mr. M. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 05.01.2026 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- 610 /2025 pending on the file of learned JMFC (Cog. Taking), Dhenkanal, arising out of Motanga P.S. Case No- 469/2025 for commission of offences punishable under Sections 109(1), 115(2), 126(2), 296 and 3(5) of BNS, 2023. 3. It is submitted by the learned counsel that exaggerated allegations have been made and the Petitioners, who do not have any criminal proclivity, may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that the injury suffered corresponds to the allegations. 5. Considering the rival submissions, 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 subject to verification of criminal antecedent of similar nature. 6. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to. 7. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina