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Orissa High Court

Sonu Pradhan vs State Of Odisha .... Opposite Party on 20 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     ABLAPL No. 9613 of 2025

            1. Sonu Pradhan                  ....         Petitioners
            2. Babul Nayak
            3. N.K. Udit
            4. Prabina Pradhan
            5. Giris Kumar Nayak
            6. D. David Raj
            7. Sujit Nayak
                                            Mr. S.K. Lenka, Advocate
                                -versus-

        State of Odisha                      ....     Opposite Party

                                               Mr. S. Panigrahi, ASC

                     CORAM: JUSTICE V. NARASINGH
                                 ORDER
Order No.                      20.08.2025
01.   1.      Heard learned counsel for the Petitioners and
      learned counsel for the State.

2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.553 of 2025 pending on the file of learned J.M.F.C., G. Udayagiri, Kandhamal arising out of G. Udayagiri P.S. Case No.150 of 2025 for commission of offences punishable under Sections 109/115(2)/126(2)/3(5)/351(3) of BNS and Section 25(1)(a) of Arms Act.

3. It is submitted by the learned counsel for the Petitioners that because of the counter FIR, Petitioners have been arrayed as accused. Hence, the Page 1 of 3 allegations have to be considered in such background.

4. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the statement of the injured who suffered several injuries.

5. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner Nos.1,2 and

7. However, it is directed that Petitioner Nos.1,2 and 7 may surrender before the learned J.M.F.C., G. Udayagiri, Kandhamal 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., G. Udayagiri, 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, Kandhamal, the Petitioner Nos.1,2 and 7 are at liberty to move the higher forum for bail in the second hour on the same day.

6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner Nos.1,2 and 7 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 Nos.1,2 and 7 and learned J.M.F.C., G. Udayagiri, 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.

7. So far as Petitioner Nos.3 to 6 are concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.3 to 6 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.

8. If it comes to the fore that the Petitioner No.3 to 5 has criminal antecedent of any nature and Petitioner No.6 has more than one criminal antecedent any nature, this order shall not be given effect to.

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

10. Accordingly, the ABLAPL stands disposed of.

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

(V. NARASINGH) Signature Not Verified Judge Santoshi Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Aug-2025 10:24:18 Page 3 of 3