Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 7970 of 2025
1. Malati Acharya
2. Subrat Acharya …. Petitioners
Mr. P.K. Barik, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.K. Brahma, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 17.07.2025
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.488 of 2025 pending on the file of learned J.M.F.C., Chandabali arising out of Bansda P.S. Case No.221 of 2025 for commission of offences punishable under Sections 109(1)/ 115(2)/ 118(1)/ 296/ 3(5)/ 303(2)/ 74 of BNS.
3. During the course of hearing, learned counsel for the Petitioners does not want to press the ABLAPL in respect of Petitioner No.2 (Subrat Acharya). Memo filed to the said effect is taken on record.
4. Accordingly, the ABLAPL in respect of Petitioner No.2 (Subrat Acharya) sands disposed of as not pressed.
5. It is submitted by the learned counsel that since Petitioner No.1 is a lady, she may be protected by pre-arrest bail.
6. Such submission is opposed by the learned counsel for the State, inter alia, on the ground that though the injuries have been categorized as simple, considering the seat of the same, Petitioner ought not to be protected by pre-arrest bail.
7. So far as ABLAPL in respect of Petitioner No.1 (Malati Acharya) is concerned, taking into account that the Petitioner No.1 is a lady, this Court directs that on surrendering within three weeks hence and moving for bail, the she shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
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.
9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of.
11. U.C.C. as per rules.
(V. NARASINGH)
Judge Santoshi