Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 11936 of 2025
1. Mangaraj Baral
2. Yashobanta Baral … Petitioners Mr. B.P. Mohanty, Advocate
-versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 22.10.2025
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.432 of 2025 pending on the file of learned Nyayadhikari Gramina Nyayalaya, Brahmagiri, arising out of Brahmagiri P.S. Case No.362 of 2025 for commission of offences punishable under Sections 115(2)/ 117(2)/ 126(2)/ 296/ 3(5)/ 329(3)/ 74 of BNS, 2023.
3. It is submitted by the learned counsel that exaggerated allegations have been made and also stated that the injured has suffered simply injury. Hence, the Petitioners may be protected by pre- arrest bail. p. 2
4.
Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that the injured are aged about 70 and 75 years.
5. Taking into account the nature of allegation and the manner in which the offence has been committed, this Court is not inclined to entertain the application for pre-arrest bail. However, it is
directed that the Petitioners may surrender before the learned Nyayadhikari Gramina Nyayalaya, Brahmagiri, in connection with the aforementioned case within one month from today.
In the event of their surrender and motion for bail, the same be considered by the learned Nyayadhikari Gramina Nyayalaya, Brahmagiri, on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned Nyayadhikari Gramina Nyayalaya, Brahmagiri, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned p. 3 Nyayadhikari Gramina Nyayalaya, Brahmagiri is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
The forums below are requested to verify the criminal antecedents of the Petitioners.
If it comes to the fore that the Petitioners have more than one criminal antecedent of any nature, this order shall not be given effect to.
7. Accordingly, the ABLAPL stands disposed of.
8. U.C.C. as per rules.
(V. NARASINGH)
Judge Jina