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2025 DAILYLAW 71663 (ORI)

BABULA @ DILIP KUMAR MOHANTY v. STATE OF ODISHA

ABLAPL/12055/2025 · 2025-10-28

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 12055 of 2025 Babula @ Dilip Kumar Mohanty …. Petitioner Mr. S.P. Mahapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.10.2025 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.821 of 2025 pending on the file of learned S.D.J.M., Puri, arising out of Kumbharapada P.S. Case No.328 of 2025 for commission of offences punishable under Sections 126(2)/296/118(2)/109/351(3) & 3(5) of BNS. 3. It is submitted by the learned counsel for the Petitioner that omnibus allegations have been made. Hence, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail inter alia on the ground that there are number of injured persons and one of the injured have been referred to the higher Centre since he is unstable. 5. It is also brought to the notice of this Court that the Petitioner is cited as an accused in the following cases out of which one is of similar nature:- “i) Kumbharapada PS Case No.423 dtd. 14.11.21 U/s- 294/307/323/324/341/506/34 IPC ii) Kumbharapada PS Case No.248 dtd. 14.11.2018 U/s- 341 /294 /354 / 354-B/ 380/ 323/ 324/ 506/ 34 IPC.” 6. It is further submitted by the learned counsel for the Petitioner that since charge sheet has already been filed, the Petitioner may be protected by pre- arrest bail. 7. Per contra, learned counsel for the State submits that charge sheet has been filed showing the Petitioner as an absconder. 8. Considering the nature of allegations and the criminal proclivity of the Petitioner as noted, this Court is not inclined to entertain this ABLAPL. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 9. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Ayesha