Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.364 of 2025 1) Santosh Harijan ..... Petitioners 2) Suraj Nag 3) Debendra Nag 4) Narendra Garada
Represented By Adv. - Arijeet Mishra -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 147/148/294/307/380/506/149 of I.P.C. read with Section 27 of the Arms Act in G.R. Case No.230/2024 of the Court of the learned J.M.F.C., Borigumma, arising out of Bhairab Singpur P.S. Case. No. 92/2024.
4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners.
5. However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned J.M.F.C.,
Page 2 of 2. Borigumma 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 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
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