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2025 DAILYLAW 53775 (ORI)

SURESH PANDA @ SURESH KUMAR PANDA v. STATE OF ODISHA

ABLAPL/9987/2025 · 2025-09-02

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9987 of 2025 Suresh Panda @ Suresh Kumar Panda …. Petitioner Mr. A. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.09.2025 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.133 of 2025 pending on the file of learned S.D.J.M., Banki arising out of Banki P.S. Case No.104 of 2025 for commission of offences punishable under Section 126(2)/115(2)/ 118(2)/351(2)/296/3(5) of BNS. 3. It is stated that the Petitioner as Petitioner No.2 was before this Court in ABLAPL No.4348 of 2025 and this Court by order dated 23.06.2025 directed him to surrender and release on bail subject to verification of antecedent of similar nature. 4. It is submitted by the learned counsel for the Petitioner that inadvertently it could not be brought to the notice of this Court that the Petitioner has one criminal antecedent i.e. Baideswar P.S Case No.72 of 2017 U/s- 448/294/506/354/34 IPC. 5. It is further submitted that non-mentioning of the antecedent is bonafide. Hence, the Petitioner may be protected by pre-arrest bail. 6. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that since the Petitioner did not approach this Court with clean hands, no leniency ought to be shown to him. 7. Taking into account the nature of allegation, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of any nature than the case noted hereinabove. 8. If it comes to the fore that the Petitioner has any criminal antecedent than the case noted hereinabove, this order shall not be given effect to. 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules (V. NARASINGH) Judge Ayesha