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2025 DAILYLAW 6732 (ORI)

JAYAPRAKASH BAG v. STATE OF ODISHA

ABLAPL/11170/2025 · 2026-07-02

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11170 of 2025 Jayaprakash Bag & another …. Petitioners Mr. S. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.B.Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.07.2026 05. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with Biswanathpur P.S. Case No.16 of 2022 corresponding to C.T. Case No. 171 of 2022 pending in the court of learned JMFC, Lanjigarh, Kalahandi on the grounds stated. 3. Perused the FIR as at Annexure-1. The chargesheet is filed in the year 2023. Referring to a copy of the order in ABLAPL No. 7763 of 2023 as at Annexure-3, it is submitted to the Court that the petitioners are similarly situated like the co- accused, namely, Nirupama Padhan. Referring to chargesheet i.e. Annexure-2, Mr. Mishra, learned counsel for the petitioners submits that the allegation is against all the accused persons including said Nirupama Padhan, who is on bail, hence, parity should be extended. Recorded the objection of the State. The p. 2 F.I.R. reveals that the accused persons collected an amount of Rs. 5,000/- each for providing employment. The case diary submitted to the Court along with other relevant documents. A copy of the offer letter in the name of Purnmi Kumar is brought to the notice of the Court by Mr. Panda, learned ASC for the State produced along with the case diary issued by Sukanya Shakti Sangathan appointed her as Co-ordinator of the said organization but she has not been chargesheeted along with the petitioners and the co-accused. The allegation is against all the accused persons for having collected the money and for having misappropriated of the same. Considering the nature of allegations, this Court is not inclined to entertain the bail plea recording the objection of Mr. Panda, learned ASC for the State, however, grants the liberty to the petitioners to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Sessions court for orders complying the directions given herein below. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned JMFC, Lanjigarh, Kalahandi in connection with C.T. Case No. 171 of 2022 within a fortnight from today and move an application for regular bail, it shall be dealt with considering the case diary and all other relevant documents to ascertain as to who is primarily responsible for such collection and thereafter, to pass appropriate order and in the event of rejection, to approach the Sessions court. It is p. 3 further directed that in case, the petitioners are found similarly situated like the co-accused, namely, Nirupama Padhan who is stated to be on bail pursuant to the order in ABLAPL No. 7763 of 2023, it shall be taken into account while entertaining their bail plea and passing orders. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita