Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11791 of 2025
1. Pintu Sahu
2. Dusmanta Sahu
3. Krushna Sahu
4. Bisikeshan Sahu
5. Haladhar Sahu
6. Jaladhar Sahu
7. Ramesh Sahu
8. Dhania Sahu …. Petitioners
Mr. S.K. Dash, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.N. Das, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 16.10.2025
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.325 of 2025 pending on the file of learned JMFC, Bongomunda, arising out of Sindhekela P.S. Case No.234 off 2025 for commission of offences punishable under Sections 109/126(2)/190/191(2)/191(3)/292/351(2) of BNS,
2023.
3. It is submitted by the learned counsel that the incident arose out of commotion during the immersion of the idol without any premeditation. Hence, the Petitioners may be protected by pre-arrest bail.
4.
Learned counsel for the State opposes such prayer. 5. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner Nos.1 to 7 (Pintu Sahu, Dusmanta Sahu, Krushna Sahu, Bisikeshan Sahu, Haladhar Sahu, Jaladhar Sahu, Ramesh Sahu). However, it is directed that the Petitioner Nos.1 to 7 (Pintu Sahu, Dusmanta Sahu, Krushna Sahu, Bisikeshan Sahu, Haladhar Sahu, Jaladhar Sahu, Ramesh Sahu) may surrender before the learned JMFC, Bongomunda 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, Bongomunda on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC, Bongomunda, the Petitioner No.1 to 7 (Pintu Sahu, Dusmanta Sahu, Krushna Sahu, Bisikeshan Sahu, Haladhar Sahu, Jaladhar Sahu, Ramesh Sahu) are at liberty to move the higher forum for bail in the second hour on the same day. Page 3 of 4
6. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.1 to 7 (Pintu Sahu, Dusmanta Sahu, Krushna Sahu, Bisikeshan Sahu, Haladhar Sahu, Jaladhar Sahu, Ramesh Sahu) 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 Petitioner No.1 to 7 (Pintu Sahu, Dusmanta Sahu, Krushna Sahu, Bisikeshan Sahu, Haladhar Sahu, Jaladhar Sahu, Ramesh Sahu) and learned JMFC, Bongomunda 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. 7. So far as the Petitioner No.8 (Dhania Sahu) is concerned, considering his age, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.8 (Dhania Sahu) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of nature of injury. 8. If it comes to fore that the injury suffered by the injured is grievous, this order shall not be given effect to in respect of Petitioner No.8 (Dhania Sahu). Page 4 of 4
9.
It is needless to state that the Petitioner No.8 (Dhania Sahu) shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH)
Judge Soumya