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2025 DAILYLAW 823 (ORI)

BIBEK SAMAL v. STATE OF ODISHA

ABLAPL/13729/2025 · 2026-02-17

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 13729 of 2025 Bibek Samal and others …. Petitioners Mr. R. R. Mishra, Advocate -Versus- State of Orissa …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.1120 of 2025 pending in the file of learned J.M.F.C, Cog (I), Cuttack arising out of Choudwar P.S Case No.676 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. It is informed to the Court that the petitioners are having criminal antecedents of one each but they should be released on bail extending parity. In so far as, petitioner Nos.2 and 3 are concerned, they said to have involved themselves in the alleged mischief along with petitioner No.1, who appears to be the assailant. But considering the facts that petitioner No.1 is having antecedent, the Court is not inclined to extend parity but is of the view that he should be directed to surrender before the learned court p. 2 below pleading regular bail for being considered during the first hour and in case of rejection to approach the Sessions Court. As to petitioner Nos.2 and 3, the Court is, however, inclined to extend parity since both of them though having antecedents but similarly situated like the co-accused persons in ABLAPL No.13728 of 2025, not being the assailants. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, petitioner No.1 surrenders before the court of learned J.M.F.C, Cog (I), Cuttack within a fortnight from today and he moves an application applying regular bail, it shall be duly considered during the first hour and in case rejected, he shall approach the learned Sessions Court during the second hour for orders on the same day. It is further directed that petitioner Nos.2 and 3 upon their surrender within the above stipulated period shall be released on bail in connection with G.R. Case No.1120 of 2025 corresponding to Choudwar P.S Case No.676 of 2025 on furnishing bail bonds of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts and circumstances. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer