Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10453 of 2025
Niranjan @ Guru @ Bhuru Nayak
…. Petitioner
Mr. A.K. Rout, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 16.09.2025
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.619 of 2025 pending on the file of learned J.M.F.C. (City), Cuttack, arising out of Badambadi P.S. Case No.257 of 2025 for commission of offences punishable under Sections 126(2)/109/296/351(3)/3(5) of BNS.
3. This is the second journey of the Petitioner to this Court. This Court by order dated 31.07.2025 in ABLAPL No.8605 of 2025 directed release of the Petitioner subject to verification criminal antecedent.
4. It is submitted by the learned counsel for the Petitioner that inadvertently it could not be brought to the notice of this Court that the Petitioner has two criminal antecedent.
5.
Learned counsel for the State opposes the prayer for pre-arrest bail.
6. Taking into account the nature of allegation and criminal antecedent of the Petitioner, this Court is not inclined to entertain the application for pre- arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C. (City), Cuttack in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C. (City), Cuttack on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C. (City), Cuttack, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail
application of the Petitioner and learned J.M.F.C. (City), Cuttack is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
8. Accordingly, the ABLAPL stands disposed of.
9. U.C.C. as per rules.
(V. NARASINGH)
Judge Santoshi