Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.417 of 2025 Kalu @ Soumya Ranjan Dalua ..... Petitioner
Represented By Adv. – Mr. Deepak Kumar Das -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. U.C. Jena. ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 15.01.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.
3. The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Maitri Vihar P.S. Case No.485 of 2024, corresponding to C.T. Case No.1947 of 2024, pending in the court of learned S.D.J.M., Bhubaneswar, registered for alleged commission of offences punishable under Sections 109(1)/3(5) of the B.N.S., 2023.
4. It is stated by the learned counsel for the Petitioner that one of the co-accused, namely, Firoj Kumar Sahoo, has already been released on bail in the meantime vide order
Page 2 of 2. dated 03.12.2024 passed by this Court in ABLAPL No.13522 of 2024.
5. Taking into consideration the aforesaid facts, the Petitioner is directed to surrender before the learned S.D.J.M., Bhubaneswar, in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.
6. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
7. The ABLAPL is accordingly disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge Debasis