Orissa High Court
Sujit Nayak @ vs State Of Odisha .... Opposite Party on 28 July, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8314 of 2025
Sujit Nayak @ .... Petitioner
Sanapua
Mr. B.K. Parida 2, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.07.2025 Order No.
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 C.T. Case No.140 of 2025 pending on the file of learned J.M.F.C. G. Udayagiri, Dist- Kandhamal arising out of G. Udayagiri P.S. Case No.37 of 2025 for commission of offences punishable under Sections 331(4)/ 126(2)/ 115(2)/ 296/ 74/ 351(2)/ 191(2)/ 191(3)/ 190 of BNS read with section 25(1)(a) of Arms Act.
3. This is the third journey of the Petitioner to this Court.
4. It is submitted by the learned counsel for the Petitioner that in the meanwhile charge sheet has Page 1 of 3 already been filed. Hence, the Petitioner may be protected by pre-arrest bail.
5. Learned counsel for the State opposes the prayer for pre-arrest bail.
6. This Court perused the statement of the witness, Sabita Digal.
7. Taking into account that in the meanwhile the co-accused have been released on bail and charge sheet has been filed, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C. G. Udayagiri, Dist-Kandhamal in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C. G. Udayagiri, Dist-Kandhamal on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C. G. Udayagiri, Dist-Kandhamal, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail Page 2 of 3 application of the Petitioner and learned J.M.F.C. G. Udayagiri, Dist-Kandhamal is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
9. Accordingly, the ABLAPL stands disposed of.
10. U.C.C. as per rules.
(V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Jul-2025 20:11:26 Page 3 of 3