Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3744 of 2025 Alok Gouda @ Alok ..... Appellant
Represented By Adv. - Bijay Kumar Behera -versus- State Of Odisha ..... Respondent
Represented By Adv. – Mr.U.C.Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 19.09.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. This application under Section 528 of BNSS , 2023 has been filed by the Petitioner with a prayer to quash the Criminal Proceeding in Bharatpur P.S.Case No.418 of 2025 corresponding to C.T.Case No.1289 of 2025 pending in the file of the learned J.M.F.C.-V, Bhubaneswar for alleged commission of offences under Sections 109, 296, 118(2), 351(2), 126(2), 3(5) of B.N.S. 2023 read with Section 25(1)(a) Arms Act.
4.
Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to raise all the grounds raised
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5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.
6. In such view of the matter, the Petitioner is directed to surrender before the learned J.M.F.C.-V, Bhubaneswar in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principle of parity, if applicable.
7. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
8. The CRLMC is disposed of accordingly.
9. Urgent certified copy of this order be granted as per Rules.
( Aditya Kumar Mohapatra)
Judge RKS