Sangram Mallik v. State of Odisha
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 74, 78, 79, 115(2), 118(1), 126(2), 333, 351(2)
Key paragraphs
- Para 44. Accordingly, the ABLAPL respect of Petitioner No.1 (Sangram Mallik) stands disposed of as not pressed.
- Para 77. The ABLAPL is accordingly disposed of. Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2025 10:53:33 (V. NARASINGH) Judge
Judgment
Mr. L. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. 1.
ORDER 25.03.2025 Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.721 of 2024 pending the Court of learned Nyayadhikari Gram Nyayalaya, Brahmagiri, arising Brahmagiri P.S. Case No.632 of 2024 for commission of offence punishable under Sections 115(2)/ 118(1)/ 126(2)/ 3(5)/333/351(2)/74/78 and 79 of BNS.
Learned counsel for the Petitioners files a memo stating therein that he does not want to press the ABLAPL in respect of Petitioner No.1 (Sangram Mallik). The said memo is taken on record.
Accordingly, the ABLAPL respect of Petitioner No.1 (Sangram Mallik) stands disposed of as not pressed.
It is submitted by the learned counsel for the Petitioners that the co-accused bail application has since been disposed of by order dated 03.02.2025 in ABLAPL No.1102 of 2025 in the light of the judgment of the Apex Court in the case of Arnesh Kumar vrs. State of Bihar & another, (2014) 8 SCC 273. Hence, the Petitioner seeks parity.
Taking into account the nature of allegations qua the Petitioner No.2 (Litu Gochhayata) and the offence under which the FIR has been instituted, this Court has no iota of doubt that the authority shall scrupulously follow the guidelines laid down by the Apex Court in the case of Arnesh Kumar vrs. State of Bihar & another, (2014) 8 SCC 273 and reiterated in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, (2022) 10 SCC 51.
The ABLAPL is accordingly disposed of. Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2025 10:53:33 (V. NARASINGH) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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