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2025 Supreme(Online)(Ori) 2780

ORISSA HIGH COURT
V. Narasingh, J
Somanath Bariki – Appellant
Versus
State of Odisha – Respondent
ABLAPL No.7914 of 2025



Advocates:
For the Appellants/Petitioners: S. Mishra
For the Respondents: S. Panda, ASC

The court determined bail eligibility based on the nature of allegations and the relationships involved under specific statutory provisions.

Headnote:This judgment relates to an application for pre-arrest bail arising from G.R. Case No.467 of 2025. The court noted that the allegations were general and involved family members, allowing bail for some petitioners but denying it for one due to nature of allegations. The central issue was whether the petitioners were entitled to pre-arrest bail under the circumstances, with the court ultimately deciding to grant bail contingent upon certain conditions and cooperation with the investigation. The court ruled to dispose of the application as per the terms stated.

ORDER

Order 16.07.2025 No.

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 G.R. Case No.467 of 2025 pending on the file of learned Nyayadhikari Gramya Nyalaya, Puri, arising out of Chandanpur P.S. Case No.130 of 2025 for commission of offences punishable under Section 126(2)/ 296/ 109/

115(2)/ 117(2)/ 74/ 3(5) of BNS, 2023 .

3. It is submitted by the learned counsel for the Petitioners that the allegations are omnibus in nature and both the informant as well as Petitioners belong to one family. Hence, the Petitioners may be protected by pre-arrest bail.

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

5. Considering the recitals in the FIR, this Court is not inclined to entertain the application for pre- arrest bail in respect of Petitioner No.2 (Benu Bariki).

6. Accordingly, the ABLAPL in respect of Petitioner No.2 is disposed of.

7. So far as Petitioner Nos.1, 3 and 4 (Somanath Bariki, Abhimanyu Behera and Bhima Behera @ Bhimasen respectively) are concerned taking into account the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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 Nos.1, 3 and 4 shall cooperate with the ongoing investigation.

10. Accordingly, the ABLAPL stands disposed of.

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