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2025 DAILYLAW 54775 (ORI)

SANJUKTA BISWAL v. STATE OF ODISHA

ABLAPL/10582/2025 · 2025-09-19

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10582 of 2025 1. Sanjukta Biswal 2. Dambarudhar Biswal 3. Sanjaya Kuamr Bhatta @ Tulia 4. Bhagyashree Bhatta @ Tikina 5. Kandhei Biswal …. Petitioners Mr. B.K. Mohanty, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 19.09.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.846 of 2025 pending in the Court of learned JMFC, Nimapara, arising out of Nimapara P.S. Case No.263 of 2025 for alleged commission of offences punishable under Section 115(2)/ 117(2)/ 126(2)/ 296/ 3(5)/ 351(2)/ 74/ 75/ 76 of BNS, 2023. 3. It is submitted by the learned counsel that because of the counter FIR, the Petitioners have been falsely implicated. Hence, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.1, 4 and 5 (Sanjukta Biswal, Bhagyashree Bhatta @ Tikina and Kandhei Biswal respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 6. It is needless to state that the Petitioner Nos.1, 4 and 5 shall cooperate with the ongoing investigation. 7. Accordingly, the ABLAPL in respect of Petitioner Nos.1, 4 and 5 stands disposed of. 8. So far as the ABLAPL in respect of Petitioner Nos.2 and 3 is concerned, taking into account the manner in which the offence has been committed, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner Nos.2 and 3 (Dambarudhar Biswal and Sanjaya Kuamr Bhatta @ Tulia) surrender before the learned Court in seisin in the aforesaid case and move an application for their release on bail, the same shall be considered on its own merit. 9. The ABLAPL in respect of Petitioner Nos.2 and 3 is accordingly disposed of. (V. NARASINGH) Judge Jina