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2025 DAILYLAW 45720 (ORI)

SAROJ KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/8175/2025 · 2025-07-22

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8175 of 2025 Saroj Kumar Behera …. Petitioner Mr. B.P. Nanda, Advocate -versus- State of Odisha …. Opposite Party Mr. S. panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.07.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.731 of 2025 pending on the file of learned J.M.F.C.(CT), Talcher, arising out of Gopalprasad P.S. Case No.151 of 2025 for commission of offences punishable under Sections 303(2)/61(2) of BNS read with Section 68 of the OMMC Rules, 2004. 3. It is submitted by the learned counsel for the Petitioner that while moving on an earlier occasion inadvertently it could not be stated that the Petitioner has number of criminal antecedents. Hence, this application. 4. Such submission is opposed by the learned counsel for the State on the ground that the Petitioner had not approached this Court with clean p. 2 hands. Hence, the Petitioner ought not to be protected by pre-arrest bail. 5. Taking into account the nature of allegation, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.(CT), Talcher, 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 J.M.F.C.(CT), Talcher on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C.(CT), Talcher, the Petitioner 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 endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.(CT), Talcher is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. p. 3 Ground of parity, if any, may be considered by the learned court(s) below. 7. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha