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2026 DAILYLAW 9844 (ORI)

SAKIR KHAN v. STATE OF ODISHA

ABLAPL/39/2026 · 2026-01-06

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.39 of 2026 Sakir Khan …. Petitioner Mr. U.S. Patel, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 06.01.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1188 of 2025 pending on the file of learned JMFC, Rajgangpur, arising out of Bargaon P.S. Case No.314 of 2025 for commission of offences punishable under Section 303(2)/ 3(5) of BNS, 2023. 3. It is submitted by the learned counsel, on instruction, that the present Petitioner is not a named accused in fact the F.I.R. is unknown and the basis of his implication is on account of co- accused statement and it is further submitted that the Petitioner had two criminal antecedents in one of which he has been acquitted and another case is of similar nature. 4. It is stated by the learned counsel for the Petitioner that because of criminal proclivity, he is being framed in the present case. Hence, he seeks pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. Taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of not more than one criminal antecedent of similar nature. 7. If it comes to fore that the Petitioner has more than one criminal antecedent of similar nature, this order shall not be given effect to. 8. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every fortnight on such date and time to be fixed by the learned Court in seisin for the next three months and thereafter, as directed by the learned Court in seisin. Certification of such appearance shall be submitted to the Court in seisin. 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer