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Orissa High Court

Vicky @ Bibek Kumar vs State Of Odisha .... Opposite Party on 25 March, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     ABLAPL No. 2686 of 2025

        Vicky @ Bibek Kumar   ....          Petitioner
        Panda
                          Mr. S.K. Dwivedy, Advocate
                              -versus-

        State of Odisha                ....    Opposite Party
                                        Mr. S. Panigrahi, ASC

                      CORAM: JUSTICE V. NARASINGH
                                  ORDER

25.03.2025 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 G.R. Case No.2749 of 2020 pending in the Court of learned J.M.F.C.-II (CT), Sambalpur, arising out of Sambalpur Sadar P.S. Case No.0172 of 2020 for commission of offences punishable under Sections 341/323/294/307/379/34 of IPC.

3. It is submitted by the learned counsel that in the meanwhile charge sheet has already been filed and referring to the same and the injury report, it is submitted that custodial interrogation of the Petitioner is not necessary.

4. It is further submitted that the Petitioner has no criminal proclivity and the co-accused have since been released on bail and referring to the medical Page 1 of 2 documents on record, it is stated that the Petitioner has been advised to undergo surgery. Hence, the Petitioner may be protected by pre-arrest bail.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Taking into account the nature of allegations and release of the co-accused as noted, this Court directs 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 criminal antecedent of similar nature.

7. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

8. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

10. Accordingly, the ABLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Signature Not Verified Judge Digitally Signed Signed by: AYESHA ROUT Reason: AuthenticationAyesha Location: High Court of Orissa, Cuttack Date: 27-Mar-2025 10:53:31 Page 2 of 2