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Orissa High Court

Ajaydev Malik @ vs State Of Odisha .... Opposite Parties on 2 December, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                         ABLAPL No. 11637 of 2025

                 1. Ajaydev Malik @     ....          Petitioners
                    Bulu
                 2. Subham Malik @
                    Guni
                 3. Sanjay Malik
                 4. Bharat Malik
                 5. Sudam Malik
                 6. Jayadeb Malik @
                    Babul
                                      Mr. P.K. Biswal, Advocate

                                  -versus-

             State of Odisha            ....   Opposite Parties

                                          Mr. S. Panigrahi, ASC
                                Mr. B.B. Rout, Adv. (Informant)

                         ABLAPL No. 12319 of 2025

             Debasish Mallik            ....           Petitioner
                                        Mr. A. Mishra, Advocate

                                  -versus-

             State of Odisha            ....     Opposite Party

                                          Mr. S. Panigrahi, ASC
                                Mr. B.B. Rout, Adv. (Informant)
                         CORAM: JUSTICE V. NARASINGH

                                 ORDER

02.12.2025 Order No.

02. 1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.709 of 2025 pending on the file of learned J.M.F.C, Aul, Dist-Kendrapara arising out of Aul P.S. Case No.269 of 2025 for commission of offences punishable under Sections 126(2)/ 296/ 115(2)/ 118(1)/ 109/ 303(2)/ 351(3)/ 3(5) of BNS.

4. It is submitted by the learned counsel for the Petitioners that the incident happened during the emersion procession of the deity without any premeditation and to wriggle out the allegation in the counter FIR, the Petitioners have been cited as accused.

5. It is the further submission of the learned counsel for the Petitioner in ABLAPL No.12319 of 2025 that because the said Petitioner has number of antecedents he has been made a scape goat in the case at hand.

6. Learned counsel for the State as well as informant opposes the prayer for pre-arrest bail referring to the injuries which corresponds to the allegations on the three injured and also submits that Petitioner in ABLAPL No.12319 of 2025 has the following criminal antecedents;

i. Aul P.S. Case No.137 dt.28.09.18 U/s.341/323/294/295(A)/153(A)/355/ 34 IPC ii. Aul P.S. Case No.180 dt.14.11.18 U/s.341/323/294/379/506/34 IPC Page 2 of 4 iii. Aul P.S. Case No.49 dt.17.02.2021 U/s.341/323/294/109/354/354(A)/506/50 9/307/34 IPC iv. Aul P.S. Case No.755 dt.03.10.2023 U/s.341/342/376/294/506/507/34 IPC v. Aul P.S. Case No.187 dt.07.03.2024 U/s.294/323/507/509/506 IPC vi. Aul P.S. Case No.306 dt.29.04.24 U/s.147/148/341/294/283/186/149 IPC, 7 Criminal Law (Amendment) Act vii. Aul P.S. Case No.619 dt.10.10.2024 U/s.126(2)/296/115(2)/351(2)/3(5) BNS viii. Aul P.S. Case No.742 dt.28.12.2024 U/s.296/351(2)/351(4)/79/324(4)/ 351(2)/3(5) of BNS

7. Considering the nature of allegations and the injuries suffered and the antecedent of the Petitioner in ABLAPL No.12319 of 2025, this Court is not inclined to entertain the application for the pre-arrest bail in respect of Petitioner in ABLAPL No.12319 of 2025.

8. So far as Petitioners in ABLAPL No.11637 of 2025 is concerned, taking into account nature of allegation, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioners in ABLAPL No.11637 of 2025. However, it is directed that Petitioners may surrender before the learned J.M.F.C, Aul, Dist-Kendrapara in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C, Aul, Dist-Kendrapara 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, Aul, Dist-Kendrapara, the Petitioners in ABLAPL No.11637 of 2025 are at liberty to move the higher forum for bail in the second hour on the same day.

9. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners in ABLAPL No.11637 of 2025 on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners in ABLAPL No.11637 of 2025 and learned J.M.F.C, Aul, Dist-Kendrapara 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. The forums below are requested to verify the criminal antecedents of the Petitioners in ABLAPL No.11637 of 2025 of similar nature.

10. Accordingly, the ABLAPL stands disposed of.

11. U.C.C. as per rules.

Judge Santoshi Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Dec-2025 13:32:09 Page 4 of 4