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2025 DAILYLAW 48895 (ORI)

ABHIMANYU NAYAK v. STATE OF ODISHA

ABLAPL/8911/2025 · 2025-08-06

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8911 of 2025 Abhimanyu Nayak …. Petitioner Mr. A.K. Sarangi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 06.08.2025 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 C.T. Case No.1255 of 2025 pending on the file of learned S.D.J.M., Jajpur, arising out of Jajpur Sadar P.S. Case No.185 of 2025 for commission of offences punishable under Sections 126(2)/115(2)/296/109/303(2)/351(2)/3(5) of BNS. 3. It is submitted by the learned counsel that the Petitioner is implicated in the case at hand only because his sons are the prime accused. Hence, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the 183 BNSS p. 2 statement of one Uday Malik and also submits that the Petitioner has one criminal antecedent in as much as he is cited as an accused in Bidanasi P.S. Case No.23 of 2021 U/s.294/323/354/451/506/34 of IPC. 5. Taking note of the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned S.D.J.M., Jajpur 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 S.D.J.M., Jajpur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned S.D.J.M., Jajpur, 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 S.D.J.M., Jajpur 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. 8. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi