Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10132 of 2025
1. Hadi @ Arakhita Singh
2. Raghu @ Raghunath Singh
3. Sourav @ Sourav Mirbar
4. Salu Singh
5. Anil Sethy @ Anil Sethi
6. Akash Sethy
7. Abtab Khan @ Sk. Aftab Ali
8. Rahul @ Rahul Sao …. Petitioners
Mr. J.K. Panda, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. C.R. Swain, AGA Mr. A. Pradhan Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 10.09.2025
02.
1. Heard learned counsel for the Petitioners,
learned counsel for the State and learned counsel for the Informant.
2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1050 of 2025 pending p. 2 on the file of learned J.M.F.C., Talcher, arising out of Colliery P.S. Case No.486 of 2025 for commission of offences punishable under Sections 115(2)/ 117(2)/ 296/ 3(5)/ 303(2)/ 351(2) of BNS read with Section 25 of Arms Act.
3. It is submitted by the learned counsel for the Petitioners that omnibus allegations have been made in a predetermined manner just to see the Petitioners are somehow taken to custody. Hence, the Petitioners may be protected by pre-arrest bail.
4.
Learned counsel for the Informant opposes the prayer for pre-arrest bail referring to the statement of the injured and it is also submitted that though the injuries have been categorized as simple, since the same has been on the vital part of the body, the Petitioner ought not to be protected by pre- arrest bail.
5.
Learned counsel for the State also opposes the prayer for pre-arrest bail.
6. It is also brought to the notice of this Court, on instruction, by the learned counsel for the State that Petitioner No.4 (Salu Singh) has four criminal antecedents.
7. Taking into account the nature of allegation and the injury report, this Court is not inclined to entertain this application for pre-arrest bail in respect p. 3 of Petitioner No.4 (Salu Singh). However, in the event the Petitioner No.4 (Salu Singh) surrender 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.
8. So far as ABLAPL in respect of Petitioner Nos.1 to 3 and 5 to 8 are concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.1 to 3 and 5 to 8 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 similar nature and the nature of the injury at the time of
consideration of the bail application.
9. If it comes to the fore that the Petitioner Nos.1 to 3 and 5 to 8 have any such criminal antecedent and the injured has suffered any grievous injury, this
order shall not be given effect to.
10. It is needless to state that the Petitioner Nos.1 to 3 and 5 to 8 shall cooperate with the ongoing investigation.
11. Additionally, it is directed that Petitioner Nos.1 to 3 and 5 to 8 shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till p. 4 submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
12. It is further directed that the Petitioner Nos.1 to 3 and 5 to 8 shall not in any way try to threaten or intimidate the informant and his family.
13. It shall be open for the prosecution as well as the informant to seek variance of this order, if there is any threat perception.
14. Accordingly, the ABLAPL stands disposed of.
15. U.C.C. as per rules.
(V. NARASINGH)
Judge Santoshi