The court's ruling delineates the procedures to be followed upon surrender for bail applications, ensuring expedited consideration in light of custody status.

ORDER

28.07.2025 Order No.

02. 1. Perused the noting of the Registry regarding due service of notice.

2. In spite of due service of notice, none appears for the Informant when the matter is called.

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

4. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.463 of 2025 pending on the file of learned S.D.J.M., Nayagarh arising out of Itamati P.S. Case No.139 of 2025 for commission of offences punishable under Sections 126(2)/ 115(2)/ 333/ 74/ 64/ 62/ 296/ 351(2)/ 303(2)/ 3(5)

of BNS .

5. Learned counsel for the Petitioner submits that the Petitioner No.4 (Pradumnya Behera) has been taken into custody in the meanwhile.

6. Accordingly, the ABLAPL in respect of Petitioner No.4 (Pradumnya Behera) has been rendered infructuous.

7. Taking into account the nature of allegations and that the co-accused has since been taken to custody as noted, this Court is not inclined to entertain the ABLAPL. However it is directed that the Petitioner Nos.1 to 3 (Kiran Kumar Behera, Rama Chandra Sahoo & Alok Pradhan respectively) may surrender before the learned S.D.J.M., Nayagarh 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 S.D.J.M., Nayagarh on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned S.D.J.M., Nayagarh, the Petitioner Nos.1 to 3 (Kiran Kumar Behera, Rama Chandra Sahoo & Alok Pradhan respectively) are 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 endeavour to dispose of the bail application of the Petitioner Nos.1 to 3 (Kiran Kumar Behera, Rama Chandra Sahoo & Alok Pradhan respectively) 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 and learned S.D.J.M., Nayagarh 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.