p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 12066 of 2025 Satyabrata Dhal …. Petitioner Mr. P. Nayak, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, 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 C.T. Case No. 1387 of 2025 pending in the Court of the learned J.M.F.C., Jajpur Road arising out of Jajpur Road P.S. Case No.492 of 2025 for commission of offences punishable under Section 296/115(2)/109/303(2)/3(5) of BNS. 3. It is submitted by the learned counsel for the Petitioner that the alleged incident happened on the spur of the moment without any pre-meditation and since the assault is attributed to the co-accused- Jayadev who is the brother of the Petitioner, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the manner in which the offence has been committed in a conjoint p. 2 manner and he submits that there is no scope to segregate the same at this stage. 5. It is on record that the injured has suffered two fracture injuries which are grievous in nature and in fact a requisition was also made to record his dying declaration. 6. Considering the same, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Jajpur Road 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 J.M.F.C., Jajpur Road on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Jajpur Road, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Jajpur Road is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. p. 3 Ground of parity, if any, may be considered by the learned court(s) below. 8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha