Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13630 of 2025
Gunmat Bag …. Petitioner
Mr. K. K. Swain, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C. R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 08.12.2025
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.681 of 2025 pending on the file of learned J.M.F.C. Kantabanji, arising out of Kantabanji P.S. Case No.369 of 2025 for commission of offences punishable under Sections 143(2), 143(3), 146, 318(2) of BNS read with Section 25 of the Interstate Migration Workman Act (I.S.M.W).
3. It is submitted by the learned counsel that ex facie the allegations under the Interstate Migration Workman Act (I.S.M.W) is not made out against the Petitioner. The workers so rescued were
travelling on their own volition and the Petitioner was facilitating the same. 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 the Petitioner has been cited as an accused in Turekela P.S. Case No.73 of 2019 U/s 294, 323, 341 and 354(b) of IPC and Turekela P.S. Case No.58 of 2020 U/s 269 and 270 of IPC read with Section 3 of Epidemic Diseased Act.
5. It is submitted by the learned counsel that the antecedents are year old, one is of 2019 and another is 2020 which relates to violation of the terms as prescribed during the Corona Reigning.
6. 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 criminal antecedent than the two noted hereinabove.
7. If it comes to the fore that the Petitioner has any criminal antecedent than the two noted hereinabove, this order shall not be given effect to.
8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
9. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Jina