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2025 DAILYLAW 68616 (ORI)

NIAZ @ NIYAZ KHAN v. STATE OF ODISHA

ABLAPL/8217/2025 · 2025-09-09

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8217 of 2025 1. Niaz @ Niyaz Khan 2. Idris Khan …. Petitioners Mr. J.K. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 31.10.2025 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 G.R. Case No.1082 of 2025 pending in the Court of learned S.D.J.M., Jagatsingpur arising out of Jagatsingpur P.S. Case No.453 of 2025 for commission of offence punishable under Sections 109(1)/ 115(2)/ 296/ 3(5)/ 303(2)/ 324(5)/ 351(3)/ 74/ 75(1) of BNS,2023. 3. At the outset, learned counsel for the Petitioners places on record the FIR in Jagatsinghpur P.S. Case No.451 of 2025 instituted on 28.06.2025. The same is taken on record. 4. Referring to the same, it is submitted by the learned counsel that because of the counter FIR exaggerated allegations have been made against the p. 2 Petitioners. Hence, the Petitioners may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. Considering the background in which the FIR has been instituted, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of injury and criminal antecedent of similar nature. 7. If it comes to the fore that the Petitioners have any such criminal antecedent and the injured has suffered any grievous injury, this order shall not be given effect to. 8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Soumya