Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12679 of 2025
1. Banamali Jena
2. Pravat Jena
3. Pramod Jena
4. Papuni Jena
….
Petitioners
Mr. B. Palai, Advocate
-versus-
State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 13.11.2025
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.684 of 2025 pending in the Court of learned S.D.J.M, Kendrapara, arising out of Marshaghai P.S. Case No.97 of 2025 for commission of offence punishable under Sections 109/ 115(2)/ 118(1)/ 190/191(2)/191(3)/351(2)/74 of BNS.
3. This is the 4th journey of the Petitioners to this Court. Earlier Petitioner No.1-Banamali Jena herein approached this Court in ABLAPL No.5050 of 2025 and Petitioner Nos.2 to 4, namely, Pravat Jena, Pramod Jena and Papuni Jena herein approached this Court in ABLAPL No.5059 of 2025 and by common order datred 12.05.2025 this Court taking note of the injury report of
the injured lady, namely, Anjali Jena who has suffered grievous injury and the criminal antecedents of Petitioner No.1 herein was not inclined to entertain the prayer of the Petitioners while granting liberty to Petitioner Nos.2 and 3 in ABLAPL No.5059 of 2025 to surrender and move an application for bail which shall be considered on its own merit.
4. It is submitted by the learned counsel that in the meanwhile some of the co-accused have been released on bail. Hence, the matter merits fresh consideration.
5.
Learned counsel for the State opposes the prayer for pre-arrest bail.
6. Taking into account the nature of allegation and the previous order passed by this Court and considering all the relevant factors, this Court is not inclined to entertain the prayer for pre-arrest bail since there is no change in circumstance warranting interference of this Court though there is no embargo for filing successive bail application. However, in the event the Petitioners surrender before the learned Court in seisin in the aforesaid case and move an application for their release on bail, the same shall be considered on its own merit.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge PKS