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2025 DAILYLAW 71576 (ORI)

M.DURGESH SENAPATI @ OHM SENAPATI v. STATE OF ODISHA

ABLAPL/11116/2025 · 2025-09-25

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 11116 of 2025 M. Durgesh Senapati @ Ohm Senapati …. Petitioner Mr. A.K. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 25.09.2025 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.2204 of 2025 pending in the Court of the learned S.D.J.M., Berhampur arising out of Baidyanathpur P.S. Case No.416 of 2025 for commission of offences punishable under Section 310(4)/310(5) of BNS. 3. It is submitted by the learned counsel for the Petitioner that the basis of implication is on account of the co-accused statement and the Petitioner does not have any criminal antecedent. Hence, he may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the ongoing investigation. p. 2 5. Taking into account the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 6. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 7. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin. 8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Ayesha