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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Nandkishor Agrawal – Appellant
Versus
State of Odisha – Respondent
ORDER :
V. Narasingh, J.
1. Heard Mr. Mohapatra, learned Senior Advocate for the Petitioner and Mr. Panda, learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with C.T Case No.1460 of 2025 pending in the Court of learned S.D.J.M, Jharsuguda, arising out Lakhanpur P.S. Case No.140 of 2025 for commission of offences punishable under Sections 308(5)/ 111(2)(b)/ 61(2) of BNS.
3. It is alleged that the Petitioner, as a partner of one ‘IB Valley Transport’, participated in a tender, i.e., ‘Hiring of Pay Loaders for Mechanical Transfer of Coal into Road Sale and Washery Trucks at the coal stocks of Lakhanpur OCP / Integrated Lakhanpur–Belpahar– Lalari Project’ invited by MCL. And, the said IB Valley Transport was awarded the tender at 99% below the estimated cost. To deflate the loss incurred in submitting the bid at an abnormally low cost, an extortion racket is being run of which the petitioner is the kingpin. It is alleged that the Petitioner along with his henchmen illegally collected Rs.145/- per truck and Rs.5/- per ton from each transporter engaged and at his behest, Rs.300/- per truck is being collected by the truck owners association. It is the c
Pre-arrest bail may be granted upon considering the balance of prosecution's investigative rights against the accused's need for protection from wrongful arrest, especially in cases of organized crim....
A balance must be struck between the prosecution's rights and an accused's right to pre-arrest bail, requiring substantiated evidence of interference for denial.
The court emphasized that pre-arrest bail may be denied based on the severity of allegations and potential complicity, regardless of co-accused status.
The court denied pre-arrest bail based on established prima facie evidence of impersonation and extortion, emphasizing the need to maintain investigative integrity and considering the petitioners' cr....
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
Pre-arrest bail requires strong justification; the court may refuse if the accusation is serious and requires custodial interrogation.
The court grants pre-arrest bail when insufficient evidence links the accused to the crime and no custodial interrogation is warranted.
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