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2025 DAILYLAW 52875 (ORI)

CHANDAN MISHRA v. STATE OF ODISHA

ABLAPL/9820/2025 · 2025-09-01

V Narasingh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9820 of 2025 1. Chandan Mishra 2. Tingiri @ Rakesh Swain @ Rakesh Kumar Swain …. Petitioners Mr. S. Satapathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.10102 of 2025 Bikash Jena …. Petitioner Mr. S. Satapathy, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.09.2025 01. 1. Since both the matters arise out of Bharatpur P.S. Case No. 418 of 2025, they are heard together and disposed of by this common order on the consent of the parties. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1289 of 2025 pending in the Court of learned JMFC(Cog-V), Bhubaneswar, arising out of Bharatpur P.S. Case No. 418 of 2025 for commission of offence punishable under Sections 109/296/118(2)/351(2)/3(5)/126(2) of BNS read with u/s. 25(1)(a) of Arms Act. 4. It is submitted by the learned counsel that the co-accused has since been released on pre-arrest bail by order dated 19.08.2025 by this Court in ABLAPL No.9558 of 2025. Hence, on the ground of parity, the Petitioners seek release. 5. Learned counsel for the State opposes such prayer. 6. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned JMFC(Cog-V), Bhubaneswar 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 JMFC(Cog-V), Bhubaneswar on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC(Cog-V), Bhubaneswar, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day. 7. 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 JMFC (Cog-V), Bhubaneswar 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 similar nature and nature of injury. 8. Learned Court in seisin is also requested to verify the nature of injury. If it comes to fore that the injury suffered by the injured is grievous, this order shall not be given effect to. 9. Accordingly, the ABLAPLs stand disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Soumya