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2025 DAILYLAW 69293 (ORI)

TUFAN GIRI @ ROHIT CHATURBEDI v. STATE OF ODISHA

BLAPL/4493/2025 · 2025-10-14

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4493 of 2025 Tufan Giri @ Rohit Chaturbedi … Petitioner Mr. D.K. Panda, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.02.2026 04. IA No.1203 of 2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application by the petitioner for waiving out the following observation in order No.3 dated 14.10.2025 in BLAPL No.4493 of 2025:- “The aforesaid order is subject to verification of the criminal antecedent of the Petitioner(s) and in case any criminal antecedent of similar nature is found against any of them, the benefit of this order shall not be extended to such petitioner(s) without seeking leave of this Court.” 3. Heard, Mr. D.K. Panda, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the order sheet as filed. 4. Pursuant to the order passed in BLAPL No.4493 of 2025, the petitioner has produced the certified copy of its order and, accordingly, learned Special Judge, Malkangiri by the following order has sought for the criminal antecedent of the petitioner:- “Write a letter of request to the S.P. of Police, Malkangiri to cause necessary verification of criminal antecedents of the said accused persons to made and to make a report at the earliest for due compliance of the kind order of the Hon'ble Court. Put up on the date fixed for further orders.” 5. It is apt to state here that the petitioner is yet to be released on bail awaiting information of his criminal antecedent as per the order sheet filed by the learned counsel for the petitioner, but the petitioner’s order has been produced before the Court on 24.10.2025 and in the meanwhile, three and half months have already elapsed with release of co- accused applying for bail in the same bail order. In the aforesaid situation and circumstance, instead of waiving out the aforesaid observation, this Court, however, directs the learned Special Judge to accept the bail bond provisionally awaiting the verification of criminal antecedent of the petitioner with an undertaking from the petitioner to surrender to custody as and when required. Needless to say, the petitioner would surrender to custody if he is found to have any criminal antecedent for commission of offence under NDPS Act. 6. Hence, the IA stands disposed of. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer