IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5258 of 2025 Prasanta Kumar Sahu @ ..... Petitioners Prasanta Sahoo and another Represented by Adv. –

Satyabrata Dash -versus-

State Of Odisha ..... Opposite Party Represented by Adv. –

Mr. U.C. Jena, ASC CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

15.12.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

I.A. No.3748 of 2025

2. Heard.

3. This is an application for exemption with the certified copy of the FIR under Annexure-1.

4. Considering the prayer made in the I.A., filing of certified copy of the Annexure-1 is dispensed with for the time being.

5. Accordingly, the I.A. stands disposed of.

CRLMC No.5258 of 2025

6. Heard learned counsel for the Petitioners and learned counsel for the State. Perused the records.

7. The present application has been filed by the Petitioners with a prayer to quash the entire criminal proceeding arising out of Brahmabarada P.S. Case No.166 of 2025, corresponding to C.T. Case No.1151 of 2025, pending before the Court of learned J.M.F.C., Chandikhole.

8. Learned counsel for the Petitioners at this juncture contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioners be permitted to surrender before the Court below and move an application for bail.

9. Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.

10. However, on the submission of the leaned counsel, the Petitioners are given liberty to surrender before the learned J.M.F.C., Chandikhole, in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

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

( A.K. Mohapatra)

Judge Sisir Digitally Signed Signed by: SISIR KUMAR SETHI Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Dec-2025 20:03:32