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2025 DAILYLAW 70902 (ORI)

GAGAN MOHAPATRA @ GAGAN BIHARI MOHAPATRA v. STATE OF ODISHA

ABLAPL/11584/2025 · 2025-10-14

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11584 of 2025 Gagan Mohapatr @ Gagan Bihari Mohapatra …. Petitioner Mr. R. Biswal, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA ABLAPL No.11657 of 2025 1. Chandan Mohapatra 2. Bikram Mohapatra @ Bikramaditya Mahapatra 3. Prakash Mohapatra @ Prakasha Mahapatra 4. Niranjan Mohapatra @ Niranjan Mahapatra 5. Dibyasingh Mohapatra 6. Lalitendu Krushna Chandra Mohapatra @ Krushna Chandra Lalatu Mahapatra …. Petitioners Mr. L. Mohanty, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 14.10.2025 01. 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 SPetate. 3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1453 of 2025 pending on the file of learned JMFC-II, Bhubaneswar, arising out of Info city P.S. Case No.420 of 2025 for commission of offences punishable under Section 126(2), 296, 115(2), 117(2), 109, 303(2), 351(2), 3(5) of BNS Act, 2023. 4. It is submitted by the learned counsel that co- accused have since been released on bail by order dated 22.09.2025 in ABLAPL No.10754 of 2025 and considering the complicity of the Petitioners, they may be protected by pre-arrest bail. 5. Learned counsel for the State opposes such prayer. 6. It is submitted by the learned counsel that, so far as the criminal antecedents are concerned arising out of self same incident, the Petitioners have been implicated in number of cases. 7. Taking into account the nature of allegations, it is directed that the Petitioners may surrender before the learned JMFC-II, Bhubaneswar 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 JMFC- II, Bhubaneswar on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC-II, Bhubaneswar, the Petitioners are 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 endeavour to dispose of the bail application 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 the Petitioners and learned JMFC-II, Bhubaneswar is called upon to transmit the case record 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. The forums below are requested to verify the criminal antecedents of the Petitioners of similar nature other than relating to the occurrence dated 03.09.2025 9. Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules. (V. NARASINGH) Judge Soumya