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2025 DAILYLAW 69667 (ORI)

PRAKASH LENKA v. STATE OF ODISHA

ABLAPL/14758/2025 · 2025-12-24

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 14758 of 2025 Prakash Lenka …. Petitioner Mr. P.S. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.12.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.2484 of 2025 pending on the file of learned J.M.F.C., Khallikote arising out of Beguniapada P.S. Case No.627 of 2025 for commission of offences punishable under Sections 109(1)/115(2)/118(1)/296/351(2)/3(5) of BNS. 3. It is submitted that the Petitioner was before this Court in ABLAPL No.13525 of 2025 and this Court by order dated 02.12.2025 directed the Petitioner to surrender and release on bail subject to verification criminal antecedent and nature of injury. 4. Since the nature of the injury is grievous, the Petitioner was again before this Court. p. 2 5. It is submitted that taking into account the nature of injury and the same being not attributed to the present Petitioner, he may be protected by pre- arrest bail. 6. Learned counsel for the State opposes the prayer for pre-arrest bail. 7. Taking into account the nature of allegations and the injuries suffered, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C., Khallikote in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Khallikote on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Khallikote, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Khallikote is called upon to transmit the case record p. 3 to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi