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2025 DAILYLAW 45367 (ORI)

RAJESH BEHERA @ MILU BEHERA v. STATE OF ODISHA

ABLAPL/8122/2025 · 2025-07-21

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8122 of 2025 1. Rajesh Behera @ Milu Behera 2. Bikash Behera @ Illu Behera 3. Pramila Behera …. Petitioners Mr. T. P. Mohapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.07.2025 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.280 of 2025 pending on the file of learned Nyayadhikari Gramanyayalaya, Puri, arising out of Puri Sadar P.S. Case No.220 of 2025 for commission of offences punishable under Sections 109, 115(2), 126(2), 296, 351(2) and 3(5) of BNS, 2023. 3. It is submitted by the learned counsel for the Petitioners that the assault was in respect of one Baishnaba Behera since he has been released on anticipatory bail after being taken into custody. 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 injured and injury report and submits that all the Petitioners conjointly assaulted hence no leniency ought to be shown to the Petitioners. 5. Taking into account the statement of the injured and the injury which has been categorized as simple and the age of Petitioner Nos.1 and 2 being 20 and 18 years respectively and Petitioner No.3 is a lady, 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. 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. 8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina Designation: Junior Stenographer