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2025 DAILYLAW 9752 (ORI)

ARJUN @ ARJUN BEHERA @ LOKANATH BEHERA v. STATE OF ODISHA

ABLAPL/486/2025 · 2025-04-16

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.486 of 2025 Arjun @ Arjun Behera @ Lokanath Behera ..... Petitioner Represented By Adv. – Mr. Rabi Narayan Mohanty -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Smt. Siva Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.04.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party. 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 Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending in the court of learned J.M.F.C.-V, Bhubaneswar, registered for alleged commission of offences punishable under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of B.N.S., 2023 read with Section 27 of the Arms Act, 1959. 4. Considering the facts of the case, this Court is not inclined to Page 2 of 2. grant pre-arrest bail to the Petitioner. 5. However, on the submission of the learned counsel for the Petitioner, the Petitioner is directed to surrender before the learned J.M.F.C.-V, 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 including the injury report 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