IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 12406 of 2025 Babulu Pangi …. Petitioner Mr. S. Sahoo, Advocate -versus-

State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.12.2025 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.197 of 2025 pending on the file of learned J.M.F.C., K. Gumma, arising out of Orkel P.S. Case No.151 of 2025 for commission of offences punishable under Sections 309(4) BNS, 2023.

3. It is submitted by the learned counsel for the Petitioner that the FIR is against unknown and the Petitioner is being made the scapegoat only because of his criminal proclivity and the basis of implication is on account of the co-accuse statement. Hence, he may be protected by pre-

arrest bail.

4. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the criminal antecedents of the Petitioner which run thus:- “i) PS Csae No.35 of 2019 Dt.02.03.2019 U/s-379/34 IPC.

ii) Orkel PS Case No.164 of 2024 Dt.16.04.2024 U/s-394/34 IPC.”

5. In view of the same, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., K. Gumma in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., K. Gumma 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., K. Gumma, the Petitioner is 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 on the same day.

The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., K. Gumma 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. Accordingly, the ABLAPL stands disposed of.

U.C.C. as per rules.

(V. NARASINGH Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Dec-2025 11:58:22