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2025 DAILYLAW 5802 (ORI)

DEBASIS KHATUA @ BULA KHATUA v. STATE OF ODISHA

ABLAPL/12189/2025 · 2026-04-15

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12189 of 2025 Debasis Khatua @ Bula Khatua …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC And ABLAPL No.12274 of 2025 Ajay Kumar Khatua …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 07. 1. Both the ABLAPLs are disposed of by the following common order. 2. Heard Mr. Jena, learned counsels for the petitioners and Mr. Mohanty, learned ASC for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Jaleswar P.S. Case No.451 of 2025 corresponding to C.T. Case No.525 of 2025 pending in the file of learned J.M.F.C., Jaleswar on the grounds stated therein. 4. Perused the FIR as at Annexure-1. Mr. Jena, learned counsel for the petitioners submits that one of the accused persons is having antecedent but not similar in nature. The further submission is that the petitioners alleged to have provided the fund towards manufacture of fire crackers which accidently exploded leading to the injury caused to others involved in such manufacture. Recorded the objection of the State. No death has taken place as a result of the alleged incident. Since the fire crackers being manufactured illegally without licence, hence, the case was registered but in so far as the petitioners are concerned, they were not involved in such manufacture but alleged to have supplied money to the manufacturers, considering the facts pleaded on record and the submissions as above and recording the claim that the petitioner in ABLAPL No.12274 of 2025 has no similar antecedent though having one, this Court instead of entertaining any such pre-arrest bail, as has been demanded by them, is of the view that they should be directed to surrender before the learned court below for being released on bail with suitable conditions imposed subject to verification of their criminal antecedents. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned J.M.F.C., Jaleswar within a fortnight from today, they shall be released on bail in connection with Jaleswar P.S. Case No.451 of 2025 corresponding to C.T. Case No.525 of 2025 subject to them furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. It is further directed that the above order shall not be given effect to if any of the petitioners is found to have similar antecedent. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok