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2025 DAILYLAW 9869 (ORI)

JAYANTA GIRI v. STATE OF ODISHA

ABLAPL/405/2025 · 2025-01-15

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.405 of 2025 1) Jayanta Giri ..... Petitioners 2) Basanta Giri 3) Susanta Giri 4) Prasanta Giri 5) Sashikanata Giri Represented By Adv. – Mr. Sujit 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 Petitioners 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 Petitioners seeking pre-arrest bail in connection with Baliapal P.S. Case No.161 of 2024, corresponding to C.T. Case No.455 of 2024, pending in the court of learned J.M.F.C., Baleswar, registered for alleged commission of offences punishable under Section Page 2 of 3. 109/115(2)/118(1)/296/351/3(5) of the B.N.S., 2023. 4. It is stated by the learned counsel for the Petitioners that earlier the Petitioners had approached this Court in ABLAPL No.9711 of 2024. He further contended that this Court vide order dated 10.09.2024 had directed the Petitioners to surrender and go on bail subject to certain terms and conditions. He further contended that such release was subject to verification of injury and in the event it is found that injuries are grievous in nature, it was directed that the order dated 10.09.2024 shall not be given effect to. He further contended that some of the co-accused persons have been enlarged on bail in the meantime. 5. Taking into consideration the aforesaid facts, the Petitioners is directed to surrender before the learned J.M.F.C., Baleswar, in the aforesaid case in the first hour within four weeks 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 Page 3 of 3. on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, 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