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2025 DAILYLAW 47331 (ORI)

DUKILI MAHANANDIA @ DUKHIRAM MAHANANDIA v. STATE OF ODISHA

ABLAPL/8559/2025 · 2025-07-31

V Narasingh

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8559 of 2025 1. Dukili Mahanandia @ Dukhiram Mahanandia 2. Karan Ganta 3. Kapila Batria @ Kapileswar Batria 4. Sudhir Lima @ Sudarsan Lima 5. Muna Mahanandia …. Petitioners Mr. A. Biswal, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 31.07.2025 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. (G.N.) Case No.46 of 2025 pending in the Court of learned Gramya Nyayalaya, Kolnara, Rayagada arising out of Chandili P.S. Case No.128 of 2025 for commission of offence punishable under Sections 109(1), 118(1), 190, 191(2), 191(3) of the B.N.S., 2023. 3. Learned counsel for the State opposes such prayer. 4. Taking into account the nature of allegations and that the injured has suffered grievous injury, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioners. However, it is directed that the Petitioners may surrender before the learned Gramya Nyayalaya, Kolnara, Rayagada in connection with the aforementioned case within one month from today. In the event of their surrender and motion for bail, the same be considered by the learned Gramya Nyayalaya, Kolnara, Rayagada on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned Gramya Nyayalaya, Kolnara, Rayagada, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day. 5. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioners on the same day on merit in accordance with law. ` The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned Gramya Nyayalaya, Kolnara, Rayagada 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. The forums below are requested to verify the criminal antecedents of the Petitioners of any nature. 6. Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer