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2025 DAILYLAW 51412 (ORI)

BHABANI SHANKARA MOHANTY v. STATE OF ODISHA

ABLAPL/9506/2025 · 2025-08-18

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9506 of 2025 Bhabani Shankara Mohanty …. Petitioner Mr. P.R. Singh, Advocate -versus- State of Odisha …. Opposite Party Mr. S.Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 18.08.2025 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 G.R. Case No.742 of 2025 pending in the Court of learned S.D.J.M, Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.431 of 2025 for commission of offences punishable under Sections 126(2), 296, 115(2), 109(1) and 351(2) of BNS, 2023. 3. It is submitted by the learned counsel with vehemence that the manner in which the FIR is instituted after suffering the alleged injuries which is highly improbable that itself raises doubt regarding the credentials of the FIR and it is also stated that there are litigations between the parties. Hence, it is a case of false implication. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. This Court perused the statement of the informant/complainant and the injury report. 6. It is apt to note that the injured is a witness in a case in which the Petitioner has been cited as an accused under Section 302 of IPC and also accused in Sadar P.S. Case No.254 of 2024 under Section 302 and 34 of IPC and the other case in which the Petitioner has been cited as an accused is Sadar P.S. Case No.234 of 2023 under Section 451, 323, 294, 506, 354, 34 of IPC. 7. Taking into account the nature of allegations and the background in which the same has been labeled, this Court is not persuaded to hold that improbable allegations have been made as been canvassed, this Court is not inclined to entertain the application for pre-arrest bail. 8. Accordingly, the ABLAPL stands rejected. (V. NARASINGH) Judge Jina