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2025 DAILYLAW 45346 (ORI)

SUDARSAN SAHOO @ MUNA v. STATE OF ODISHA

ABLAPL/8067/2025 · 2025-09-08

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8067 of 2025 1. Sudarsan Sahoo @ Muna 2. Laxmipriya Sahoo 3. Sanjay Sahoo 4. Jharana Sahoo 5. Rudra Kumar Sahoo …. Petitioners Mr. K.C. Das, Advocate -versus- 1. State of Odisha 2. Harsmita Moharana …. Opposite Parties Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.09.2025 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1376 of 2024 pending on the file of learned Court in seisin arising out of Mahila P.S. Bhubaneswar Case No.124 of 2024 for commission of offences punishable under Section 493/294/417/420/506/427/34 of IPC. 3. It is submitted by the learned counsel for the Petitioners that even if the entire allegations are accepted at its face value no offence as alleged is made out. Hence, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the statement of the complainant and other independent witnesses. 5. Taking into account the nature of allegation qua Petitioner No.1 (Sudarsan Sahoo @ Muna) is concerned, taking into account the nature of allegation, this Court is not inclined to entertain the ABLAPL in respect of the said Petitioner No.1. However, it is directed that the Petitioner No.1 (Sudarsan Sahoo @ Muna) may surrender before the learned Court in seisin in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned Court in seisin on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned Court in seisin, the Petitioner No.1 is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.1 on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of Petitioner No.1 and learned Court in seisin is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 7. So far as Petitioner Nos.2 to 5 are concerned, taking into account the nature of allegation qua the said Petitioner Nos.2 to 5, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.2 to 5 (Laxmipriya Sahoo, Sanjay Sahoo, Jharana Sahoo & Rudra Kumar Sahoo respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 8. It is needless to state that the Petitioner Nos.2 to 5 shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha