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2025 DAILYLAW 45862 (ORI)

BRAJA KISHORE SWAIN v. STATE OF ODISHA

ABLAPL/8154/2025 · 2025-07-22

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8154 of 2025 Braja Kishore Swain …. Petitioner Mr. V. Mohapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, 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.845 of 2024 pending in the Court of learned J.M.F.C. Cog-II, Puri arising out of Satyabadi P.S. Case No.360 of 2024 for alleged commission of offences punishable under Section 137(2) of BNS. 3. It is submitted by the learned counsel for the Petitioner that though initially the FIR was instituted under the bailable Section, charge sheet in the case at hand has been filed inter alia under Section 6 of the POCSO Act. 4. It is submitted by the learned counsel for the Petitioner that taking into account the nature of allegations, the Petitioner may be protected by pre- arrest bail. p. 2 5. Such submission is opposed by the learned counsel for the State on the ground that in the meanwhile NBW has been issued by the Special Court. 6. This Court perused the statement of the victim under Section 183 of BNSS. 7. Considering the same, this Court is not inclined to entertain this application. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 8. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Ayesha