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2025 DAILYLAW 54576 (ORI)

BIJAY NAYAK @ BIJAYA NAYAK v. STATE OF ODISHA

ABLAPL/10196/2025 · 2025-09-10

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10196 of 2025 Bijay Nayak @ Bijaya Nayak …. Petitioner Mr. J.K. Khuntia, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 10.09.2025 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.496 of 2025 pending on the file of learned S.D.J.M., Koraput arising out of Koraput Town P.S. Case No.140 of 2025 for commission of offences punishable under Sections 296/115(2)/351(3)/316(2) of BNS. 3. It is submitted by the learned counsel for the Petitioner that even if the entire allegations of the FIR are accepted at its face value no offence under the BNS is made out. Allegedly, a contractual obligation is being given the colour of criminality and Petitioner has been cited as an accused. Hence, he may be protected by pre-arrest bail. p. 2 4. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that investigation is at a nascent stage. 5. Taking into account the nature of allegation and the punishment prescribed, 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 similar nature. 6. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi