Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5543 of 2025
1. Pandana Kumuda @ Gandana
2. Puspalama Tereda
3. Prasadrao Kumuda
4. Chitibabu Sirima
5. Prasad Tereda
…. Petitioners
Mr. A.K. Jena, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. C.R. Swain, AGA
ABLAPL No.5545 of 2025
1. Krishnarao Pratang @ Kisanarao Patarang
2. Appana @ Apanna Kumuda
3. Radhama Andapalli @ Andarapali
4. Apparao @ Aparao Tereda
5. Pandana Sirima
…. Petitioners
Mr. A.K. Jena, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 13.10.2025
06.
1. Since both the matters arise out of same F.I.R, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the Petitioners and
learned counsel for the State.
3. The Petitioners are seeking pre-arrest bail in connection with G.R. No.173 of 2025 pending on the file of learned S.D.J.M., Malkangiri, arising out of Paper Metla P.S. Case No.05 of 2025 for commission of offences punishable under Section 191(2)/ 191(3)/ 132/ 117(2)/ 121(2)/ 109/ 324(4)/ 351(3) and 190 of BNS.
4. It is submitted by the learned counsel for the Petitioners that they had no pre-mediation in causing the alleged offence and being overcome by emotion, they committed the overt act, which has been exaggerated. Hence, they may be protected by pre- arrest bail.
5. Such submission is opposed by the learned counsel for the State, inter alia, on the ground that admittedly, when the police personnel had come to take into custody and accused who is a co-villager, the occurrence took place. Hence, it is submitted by the learned counsel that no leniency ought to be shown as the Petitioner took the law into their own hands.
6. Taking into account the nature of allegations and the genesis of the occurrence, this Court is not inclined to entertain the bail application in respect of the Petitioner No.4 (Chitibabu Sirima)in ABLAPL No.5543 of 2025.
7. On considering the rival submissions, and taking into account the injury report, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.1,2,3 and 5 in 5543 of 2025 in and Petitioners in ABLAPL No.5545 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification criminal antecedent.
8. If it comes to fore that the Petitioner Nos.1,2,3 and 5 in 5543 of 2025 in and Petitioners in ABLAPL No.5545 of 2025 have any criminal antecedent, this order shall not be given effect to.
9. It is needless to state that the Petitioner Nos.1,2,3 and 5 in 5543 of 2025 in and Petitioners in ABLAPL No.5545 of 2025 shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPLs stand disposed of.
(V. NARASINGH)
Judge Soumya