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2025 DAILYLAW 4403 (ORI)

RAKESH ROSAN v. STATE OF ODISHA

ABLAPL/12860/2025 · 2026-01-07

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12860 of 2025 ABLAPL No. 13133 of 2025 1. Rakesh Rosan 2. Rajesh Rosan …. Petitioners Ms. B. Mishra, Advocate -versus- 1.State of Odisha 2.Ranga Mallik …. Opposite Parties Mr. S. Panigrahi, ASC 1.Tituna Biswal @ Sridhar Biswal 2.Pagal Biswal @ Asit 3.Maheswar Biswal 4.Bhagyadhar Biswal 5.Dipu Biswal @ Biswajit Biswal 6.Ashis Biswal 7.Kumar Lokesh Biswal 8.Kumar Mukesh Biswal …. Petitioners Mr. P.K. Ray, Advocate -versus- 1.State of Odisha 2.Informant …. Opposite Parties Mr. S. Panigrahi, ASC Mr. B.K. Nayak, Advocate (Informant) p. 2 CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.01.2026 02. 1. Since both the matters arise out of same FIR, they are heard together and disposed of by this common order. 2. Heard learned counsel for the Petitioners, learned counsel for the State and the learned counsel for the Informant. 3. The Petitioners are seeking pre-arrest bail in connection with C.T. Special Case No.159 of 2025 pending on the file of learned District & Sessions Court, Jajpur arising out of Kuakhia P.S. Case No.410 of 2025 for commission of offences punishable under Sections 109/ 115(2)/ 118(1)/ 118(2)/ 126(2)/ 190/ 191(2)/191(3)/351(2)/351(3) of BNS read with Section 3(1)(r)/3(1)(s)/3(2)(va) of the S.C & S.T (PoA) Act. 4. Learned counsel for the State, on instruction, submits that notice on the application has been duly served on the Informant but there is no appearance on behalf of the Informant when the matter is called. Informant has entered appearance in ABLAPL No.13133 of 2025. p. 3 5. It is submitted by the learned counsel that the overt act is attributed to one Debashis Biswal, who has since been released on bail. 6. In the light of the order passed by this Court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, (2017) 67 OCR 309, this ABLAPL is disposed of with the following directions. 7. The Petitioners shall surrender before the learned Court in seisin in the aforesaid case within three weeks from today. Seven days before the surrender of the Petitioners before the said Court, the Petitioners or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the Victim and/or Informant. 8. Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Court in seisin, on the same day they surrender in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper including the following conditions:- I) The Petitioners shall appear before the I.O. once in a week on the date and time fixed p. 4 by the said I.O. until further order by the learned Court in seisin; II) The Petitioners shall not threaten, induce or coerce any witnesses of this case or the Victim; and III) The Petitioners shall not involve himself in similar or any other offence during currency of this order. 9. Within two weeks of appearance of the Victim and/or Informant, the matter shall be considered and disposed of on its own merits. 10. The ABLAPLs accordingly stand disposed of. (V. NARASINGH) PKS Judge