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2025 DAILYLAW 48005 (ORI)

DEBASIS GUMANSINGH v. STATE OF ODISHA

ABLAPL/8878/2025 · 2025-08-25

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8878 of 2025 Debasis Gumansingh …. Petitioner Mr. A. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. B. Nayak, AGA Mr. S.K. Patra, Adv. (Informant) ABLAPL No. 9142 of 2025 Rushi Gumansingh …. Petitioner Mr. A. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. B. Nayak, AGA Mr. S.K. Patra, Adv. (Informant) CORAM: JUSTICE V. NARASINGH Order No. ORDER 25.08.2025 02. 1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order. 2. Learned counsel Mr. S.K. Patra has entered appearance on behalf of the Informant-mother in ABLAPL No.8878 of 2025 by filing Vakalatanama. The same is taken on record. 3. Name of learned counsel Mr. Patra be reflected in the file, cause list as well as in the web portal of this Court in ABLAPL No.8878 of 2025. 4. Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant. 5. The Petitioners are seeking pre-arrest bail in connection with Airport P.S. Case No.194 of 2025 pending on the file of learned J.M.F.C.-V, Bhubaneswar, for commission of offences punishable under Sections 87/296/351(2)/351(3)/3(5) of BNS. 6. It is stated that Petitioner (Debasis Gumansingh) in ABLAPL No.8878 of 2025 is the principal accused and the Petitioner (Rushi Gumansingh) in ABLAPL No.9142 of 2025 is his father. 7. It is submitted by the learned counsel for the Petitioners, on instruction, that the Petitioner (Debasis Gumansingh) in ABLAPL No.8878 of 2025 has joined the investigation in terms of the order passed by this Court which fact is also fortified by the submissions of the learned counsel for the State, on instruction. 8. It is further submitted by the learned counsel for the Petitioners that the relationship was consensual and in such background exaggerated allegations have been made falsely implicating the Petitioners. 9. Such submission is opposed by the learned counsel for the State as well as informant inter alia on the ground that the Informant was lured into the relationship. Hence, no leniency ought to be shown. 10. Taking into account the nature of allegations and the materials on record, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner (Debasis Gumansingh) in ABLAPL No.8878 of 2025. However, in the event the Petitioner (Debasis Gumansingh) in ABLAPL No.8878 of 2025 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. 11. So far as Petitioner (Rushi Gumansingh) in ABLAPL No.9142 of 2025 is concerned, taking into account the role ascribed to the Petitioner, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner (Rushi Gumansingh) in ABLAPL No.9142 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 12. It is needless to state that the Petitioner (Rushi Gumansingh) in ABLAPL No.9142 of 2025 shall cooperate with the ongoing investigation. 13. Accordingly, both the ABLAPL stands disposed of. 14. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi