Extracted from the PDF above. The PDF is authoritative.
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