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2025 DAILYLAW 48522 (ORI)

DEBSINGH PUNJI v. STATE OF ODISHA

ABLAPL/8726/2025 · 2025-09-22

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8726 of 2025 Debsingh Punji …. Petitioner Mr. T.K. Mishra, Advocate -versus- 1. State of Odisha 2. Victim …. Opposite Parties Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.09.2025 02. 1. This Court perused the note of the Registry indicating that the notice has been served on the informant but there is no appearance on behalf of the informant when the matter is called. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner is seeking pre-arrest bail in connection with S.A. Case No.35 of 2022 pending on the file of learned Dist. Judge, Nuapada, arising out of Boden P.S. Case No.90 of 2022 for commission of offences punishable under Section 493/417/294/506 of IPC read with Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of SC & ST (PoA) Act, 1989 and u/s 67 and 67(A) of the IT Act 2000. 4. It is submitted by the learned counsel that it is a case of false implication. Hence, the Petitioner may be protected by pre-arrest bail more so since charge sheet has been filed, custodial interrogation of the Petitioner is not warranted. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. This Court perused the statement of the victim recorded under Section 183 of BNSS and the allegations, inter alia, under the IT Act under which the charge sheet is also filed. 7. Taking note of the same, this Court is not inclined to entertain the application for pre-arrest bail. 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 and the learned Court in seisin is requested to make an endeavour to dispose of the same on the same day needless to state after following the due procedure of law and considering ground of parity if so urged. 8. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Jina