Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 55178 (ORI)

MOGLI @ SANDEEP KUMAR SAHU v. STATE OF ODISHA

ABLAPL/10300/2025 · 2025-09-12

V Narasingh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10300 of 2025 Mogli @ Sandeep Kumar Sahu …. Petitioner Mr. J. Samantaray, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC ABLAPL No.10398 of 2025 Jayasumala Parichha …. Petitioner Mr. J. Samantaray, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 12.09.2025 01. 1. Since both the matters arise out of the same cause of action, they are heard and taken up together. 2. The Petitioners are seeking pre-arrest bail in connection with G.R Case No.284 of 2025 pending in the Court of learned S.D.J.M, Berhampur, arising Baidyanathpur P.S. Case No.59 of 2025 for commission of offence under Sections 126(2)/124(1)/132/3(5) of BNS. p. 2 3. It is submitted by the learned counsel that even if the entire allegations of the prosecution are accepted at its face value, no offence is made out against the Petitioners. Hence, they may be protected by pre-arrest bail. 4. So far as the Petitioner in ABLAPL No.10398 of 2025 is concerned, it is submitted that the Petitioner has been cited as an accused only because she is the wife of the Petitioner in ABLAPL No.10300 of 2025. 5. Learned counsel for the State opposes such prayer. 6. It is apt to note that the Petitioner in ABLAPL No.10300 of 2025 was before this Court in ABLAPL No.6614 of 2025 and he was permitted to withdraw the bail application by order dated 18.06.2025. 7. During the course of hearing, learned counsel for the State places on record his criminal antecedents which runs thus: “1. B.N Pur P.S. Case No.281/2022 under Section 308/323/324/341 IPC. 2. B.N Pur P.S. Case No.146/2009 under Section 506/34 IPC. 3. B.N Pur P.S. Case No.470/2024 under Section 115(2)/118(1)/296/351(2)/3(5) of BNS. 4. B.N Pur P.S. Case No.31 of 2024 under Section 399/402 IPC read with Section 25(1- B)(a) of the Arms Act and Sections 5/4 of the Explosive Substance Act. 5. B.N Pur P.S. Case No.137/2021 under Section 294/323/325/341/506 IPC.” p. 3 8. Taking into account the nature of allegations qua the Petitioner in ABLAPL No.10300 of 2025 and the criminal antecedents adverted to hereinabove, this Court is not inclined to entertain the application for pre- arrest bail. However, in the event the Petitioner in ABLAPL No.10300 of 2025 surrenders 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. 9. So far as the prayer for pre-arrest bail of the Petitioner in ABLAPL No.10398 of 2025 is concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner in ABLAPL No.10398 of 2025 shall be released on bail by the learned Court in seisin on such terms and conditions as deemed just and proper. 10. Accordingly, the ABLAPLs stand disposed of. (V. NARASINGH) Judge PKS