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2025 DAILYLAW 76342 (ORI)

DIGAMBAR SWAIN @ SHANKAR v. STATE OF ODISHA

ABLAPL/13544/2025 · 2025-12-02

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13544 of 2025 1. Digambar Swain @ Shankar 2. Gopal Mohapatra 3. Chandan Mohapatra 4. Sushanta Bhatta @ Susanta Kumar Bhatta …. Petitioner Mr. K. C. Swain, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC 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.1299 of 2025 pending on the file of learned S.D.J.M., Nayagarh, arising out of Nayagarh Sadar P.S. Case No.283 of 2025 for commission of offences punishable under Sections 109/ 115(2)/ 126(2)/ 296/ 303(2)/ 351(2)/ 3(5) B.N.S. read with section 25/27 of Arms Act. 3. It is submitted by the learned counsel that because of the counter FIR exaggerated allegations p. 2 have been made. Hence, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. Taking into account the nature of allegations and the punishment prescribed, 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 not more than one criminal antecedent of similar nature of Petitioner Nos. 1 and 3 and any antecedent in respect of Petitioner Nos.2 and 4 and the nature of the injury. 6. If it comes to the fore that the Petitioner Nos. 1 and 3 have more than one criminal antecedent of similar nature and Petitioner Nos.2 and 4 have any 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. (V. NARASINGH) Judge Jina