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2025 DAILYLAW 56715 (ORI)

RABI @ RABINDRA HANSDA v. STATE OF ODISHA

ABLAPL/11276/2025 · 2025-09-29

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 11276 of 2025 1. Rabi @ Rabindra Hansda 2. Takulu @ Sahuna Marandi …. Petitioners Mr. S. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.09.2025 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No. 1324(A) of 2017 pending in the Court of learned J.M.F.C.(City/Rural), Balasore arising out of Balasore Sadar P.S. Case No.166 of 2017 for commission of offence punishable under Sections 341/323/324/326/307/34 of IPC. 3. It is submitted by the learned counsel for the Petitioners that by order dated 28.08.2018 on the earlier motion of the Petitioners before this Court in ABLAPL No.11886 of 2017, they were directed to surrender and move for bail and it is submitted that during the pendency of the said ABLAPL, taking into p. 2 account the interim order passed by this Court, the Petitioners were appeared before the I.O. and he was directed to be released on bail. 4. It is submitted that because of supervening circumstances the Petitioners could not surrender in terms of the final order dated 28.08.2018 and adverted to hereinabove. 5. It is further submitted that such non surrender is bonafide. 6. Learned counsel for the State opposes the prayer for pre-arrest bail inter alia on the ground that since the Petitioners have not taken steps in terms of the order dated 28.08.2018, no leniency ought to be shown. 7. It is apt to note that in the meanwhile charge sheet has already been filed and since summons have been issued the Petitioners are apprehending that on his appearance he is likely to be remanded. 8. Learned counsel for the State submits that there is no basis for such apprehension. 9. Considering the background in which the present application is moved, in the light of the earlier order dated 28.08.2018, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on p. 3 bail by the learned Court in seisin on such terms as deemed just and proper. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Vacation Judge Ayesha