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2025 DAILYLAW 74809 (ORI)

OM PRAKASH BEHERA @ OM BEHERA v. STATE OF ODISHA

ABLAPL/13508/2025 · 2025-12-02

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 13508 of 2025 Om Prakash Behera @ Om Behera …. Petitioner Mr. S.G.Das, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.12.2025 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.337 of 2025 pending on the file of learned J.M.F.C., Kantabanji arising out of Titlagarh GRPS Case No.56 of 2025 for commission of offences punishable under Sections 118(1)/ 126/ 351(3)/ 304(2)/ 3(5) of BNS. 3. It is submitted by the learned counsel that exaggerated 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 more particularly referring to the manner in which the assault is allegedly taken place. 5. Considering the nature of allegations and that the Petitioner does not have any criminal proclivity as stated, 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 and nature of injury. 6. If it comes to the fore that the Petitioner has any such criminal antecedent and the injured has suffered any grievous injury, this order shall not be given effect to. 7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi