Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10448 of 2024 Sk. Niyamat @ Chhotu ..... Petitioner Represented By Adv. – Mr. Deepak Ranjan Parida -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.01.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party No.1. 3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Chauliaganj P.S. Case No.183 of 2024, corresponding to G.R. Case No.788 of 2024, pending in the court of learned J.M.F.C.-Cog Taking-IV, Cuttack, for alleged commission of offence punishable under Section 309(6) of B.N.S., 2023. 4. It is stated by the learned counsel for the Petitioner that the Petitioner has been mechanically implicated in series of cases. He Page 2 of 3. further contended that out of five cases, in four cases, the Petitioner has been released on bail and, in two cases, he has already been acquitted. So far the present case is concerned, learned counsel for the Petitioner submitted that the Petitioner was not named in the F.I.R. initially. He further contended that on the basis of co-accused statement, the Petitioner is likely to be implicated in the present case, although his name does not find place in the F.I.R. He further contended that apprehending his arrest, the Petitioner has approached this Court by filing this bail application. 5. Learned counsel for the State, on the other hand, opposed the release of the Petitioner on pre-arrest bail on the ground that he is involved in series of cases. Therefore, in the event the Petitioner is release on pre-arrest bail at this juncture, there is every likelihood that he might abscond from justice. 6. Taking into consideration the aforesaid facts, the Petitioner is directed to surrender before the learned J.M.F.C.-Cog Taking-IV, Cuttack in the aforesaid case in the first hour within four weeks 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 principles of parity, if applicable. 7. Case Diary be made available to the concerned courts on an application being filed prior to surrender before the court below. Records be transmitted to the higher forum at the cost of the Page 3 of 3. Petitioner, if applied for. 8. The ABLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis