Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.362 of 2025 1) Gadabari Mahalik ..... Petitioners 2) Sri Suresh Das 3) Sri Bapi @ Sushanta Das 4) Sri Sashikanta Mahalik @ Chagulu Represented By Adv. - Guruprasad Behera -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Patra, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 13.01.2025 1. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for both the parties and perused the records. 3. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 74, 109(1), 115(2), 118(1), 296, 329(3 ), 35192)of BNSS in C.T. Case No-369/2024 of the Court of the learned J.M.F.C., Basta, arising out of Basta Police Station Case No-129/2024. 4. It is stated by the learned counsel for the petitioners that earlier the petitioners have approached this Court along with Page 2 of 3. other co-accused persons in ABLAPL No.7367 of 2024. This Court had disposed of the earlier bail application vide order dated 29.07.2024 thereby releasing petitioner Nos.2,4 to 8 on bail, so far the petitioner Nos.1,3,9 & 10 are concerned, they were directed to surrender and move an application for bail in the first hour, failing therein, in the second hour. The present petitioners were the petitioner Nos.1, 3, 9 & 10 in the earlier bail application. Learned counsel for the petitioners further contended that since the father’s name was wrongly mentioned, the present petitioners could not take advantage of order dated 29.07.2024 5. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners. However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned J.M.F.C., Basta in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their 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 Petitioners 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 Petitioners 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. Records be transmitted to the higher forum at the cost of the Page 3 of 3. Petitioners, if applied for. 7. The ABLAPL is accordingly disposed of. 8. Issue urgent certified copy of the order as per Rules. ( A.K Mohapatra ) Judge Rubi