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2025 DAILYLAW 9111 (ORI)

PANKAJ GUPTA v. STATE OF ODISHA

ABLAPL/275/2025 · 2025-01-21

Chittaranjan Dash

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 275 of 2025 Pankaj Gupta …. Petitioner Mr. L.N. Patel, Advocate -versus- State of Odisha …. Opp. Party Mr. S.B. Dash, ASC CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 21.01.2025 01. 1. Heard learned counsel for the Petitioner and the State. 2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.364/323/325/307/34 IPC read with Sections 25/27 of the Arms Act. 3. Learned counsel for the Petitioner submits that earlier the co- accused persons have been released on arrest in similar offences. 4. Having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioner are at liberty to surrender before the learned J.M.F.C.-I (Cog. Taking), Jharsuguda in connection with Brajrajnagar P.S. Case No.115 of 2023 corresponding to C.T. Case No.449 of 2023 within three weeks from today. In the event the Petitioner surrenders and moves for bail, the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit. 5. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on its own merit. 6. Case diary be made available to the learned courts below. 7. It is made clear that the learned court below shall verify if no similar antecedent or grave offence stands against the Petitioner, the order of this court shall not be given effect to and the court shall be free to deal with the matter or bail according to its merit without further reference to the present. 8. The ABLAPL is disposed of accordingly. (Chittaranjan Dash) Judge KC Bisoi