Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.124 of 2026 Balia @ Jyoti Prasad Nayak ..... Petitioner Represented by Adv. - Amit Kumar Sahu -versus- State Of Odisha ..... Opp. Party Represented by Adv. – Sasmita Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). I.A No.103 of 2026 2. Heard. 3. This is an application for dispensing with the certified copy of the Jeypore Sadar PS case No.59 of 2025 under Annexure-1. 4. Considering the prayer made in the I.A., filing of certified copy of the Annexure-1 is dispensed with for the time being. 5. Accordingly, the I.A stands disposed of. CRLMC No.124 of 2026 6. Heard learned counsel for the parties and perused the Page 2 of 3. records. 7. This is an application under Section 528 of BNSS has been filed by the Petitioner with a prayer to quash the entire proceeding in connection with Jeypore Sadar P.S Case No.59 of 2025, corresponding to G.R Case No.177(A) of 2025 in the file of learned SDJM, Jeypore, for alleged commission of offences under Sections 103(1), 115(2), 296, 351(2), 351(3), & 3(5) of B.N.S. 8. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the points at a later stage by filing an appropriate application. 9. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 10. Further, taking into consideration the submissions made by learned counsel for the Petitioner that some of the co-accused persons have been enlarged on bail and that the Petitioner is ready and willing to cooperate with the trial, this Court grants liberty to the Petitioner to surrender before the learned SDJM, Jeypore 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. Page 3 of 3. 11. Case Diary 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. ( Aditya Kumar Mohapatra) Judge Anil Designation: Junior Stenographer