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2025 DAILYLAW 9902 (ORI)

ADITYA PRADHAN v. STATE OF ODISHA

ABLAPL/569/2025 · 2025-01-20

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.569 of 2025 1) Aditya Pradhan ..... Petitioners 2) Balkishore Pradhan 3) Shakuntala Pradhan 4) Achyutananda Pradhan 5) Soumya Ranjan Behera 6) Ilishobha Pradhan Represented By Adv. – Mr. Alok Kumar Panda -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Mohanty, AGA Mr. D.N. Rath, Advocate for the Informant CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.01.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. Durgesh Narayan Rath, learned counsel, and his associates enter appearance on behalf of the Informant by filing a Vakalatnama in Court today, which be kept on record. 3. Heard learned counsel for the parties and perused the records. 4. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Patna P.S. Case No.352 of 2024, corresponding to Page 2 of 3. G.R. Case No.1413 of 2024, pending in the court of learned J.M.F.C.(C.T.), Keonjhar, registered for alleged commission of offences punishable under Sections 85/115(2)/296/351(3)/3(5) of B.N.S., 2023 read with Section 4 of the D.P. Act,1961. 5. Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners No.2 to 6 surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. 6. So far Petitioner No.1 is concerned, he is directed to surrender before the learned J.M.F.C.(C.T.), Keonjhar 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 No.1 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 No.1 on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner No.1. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for. 8. The ABLAPL is accordingly disposed of. Page 3 of 3. Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge Debasis