p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11671 of 2025 1.Sk.Ahekam Ali @ Sk. Ahekam Alli 2.Sk. Ahesan Alli 3.Sk. Amzad 4.Sk. Islam Ali 5.Sk. Ikbal Alli 6.Sk.Hamid Raja 7.Muktar Khan 8.Imtaz Khan 9.Samsad Khan @ Saruk Khan 10.Mansur Khan 11.Sk. Abusabit 12.Sk. Afjal 13. Sk. Fajal 14.Sk. Abid 15.Sk. Hatim 16.Sk. Ashique 17.Sk. Irsad Ali …. Petitioners Mr. P.C. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 15.10.2025 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. p. 2 2. The Petitioners are seeking pre-arrest bail in connection with C.T Case No.727 of 2025 pending in the Court of learned J.M.F.C, Basta, arising out Basta P.S. Case No.320 of 2025 for commission of offences punishable under Sections 115(2)/ 117(2)/ 126(2)/ 190/191(2)/191(3)/296/351(2) of BNS. 3. It is submitted by the learned counsel that during forwarding of the co-accused the offence under Section 109 of BNS has been added. 4. It is brought to the notice of this Court that Petitioner Nos.1,13 and 17 on surrendering have been released on bail. 5. In view of the same, the prayer for pre-arrest bail in respect of Petitioner Nos.1,13 and 17 has become infructuous. 6. Learned counsel for the Petitioners submits that taking into account the nature of allegations, rest of the Petitioners may be protected by pre-arrest bail. 7. It is stated that the present Petitioners have been arrayed as accused in other cases relating to the same occurrence. 8. Learned counsel for the State opposes such prayer. 9. This Court perused the counter FIR. 10. Considering the nature of allegations and release of the co-accused as noted, this Court is not inclined to entertain the prayer for pre-arrest bail. p. 3 However, ABLAPL is disposed of with the observation that rest of the Petitioners may surrender before the learned J.M.F.C, Basta in connection with the aforementioned case within one month from today. 11. In the event of their surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C, Basta on merits in accordance with law in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C, Basta, rest of the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day. 12. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of rest of the Petitioners on the same day on merit in accordance with law. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of rest of the Petitioners and learned J.M.F.C, Basta is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of such bail application. 13. Ground of parity, if any, may be considered by the learned court below. 14. Accordingly, the ABLAPL stands disposed of. (V. Narasingh) PKS Judge