JUSTICE v. NARASINGH Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4761 of 2025 …. Petitioners 1. Deepak Das 2. Harihar Das 3. Nirakar Samal 4. Nihar Ranjan Samal 5. Ratikanta Samal Mr. A.K Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain,AGA Mr. P.C. Jena, Advocate (Informant) ABLAPL No.4535 of 2025 Rati Ranjan Jena …. Petitioner
Legal Reasoning
Mr. A.K Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain,AGA Mr. P.C. Jena, Advocate (Informant) ABLAPL No.4564 of 2025 1. Jitendra Kumar …. Petitioners Samal 2. Dibya Ranjan Samal 3. Satyajit Samal 4. Manoj Kumar Samal @ Raju Mr. A.K Jena, Advocate Page 1 of 6 -versus- State of Odisha …. Opposite Party Mr. C.R. Swain,AGA Mr. S. Mishra, Advocate (Informant) ABLAPL No.4775 of 2025 1. Jyotiranjan Sahoo …. Petitioners @ Banty 2. Pritiranjan Sahoo 3. Tapas Samal 4. Niranjan Senapati 5. Manoj Kumar Samal @ Babuna Mr. A.K Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain,AGA ABLAPL No.4892 of 2025 Rabindra Nath Dash …. Petitioner Mr. A.K Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain,AGA CORAM: JUSTICE V. NARASINGH Order No.
Decision
ORDER 09.05.2025 01. 1. Learned counsel Mr. P.C Jena, has filed vakalatnama on behalf of the Informant in ABLAPL Page 2 of 6 No.4761 of 2025. The same is taken on record. Name of Mr. Jena be reflected in the file, cause list as well as in the CMS of this Court. 2. Since all the matters arise out of Dharmasala P.S. Case No.216 of 2025, they are heard together and disposed of by this common order on the consent of the parties. 3. Heard learned counsel for the Petitioners and learned counsel for the State. 4. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.726 of 2025 pending in the Court of learned J.M.F.C., Chandikhole, arising out of Dharmasala P.S. Case No.216 of 2025 for commission of offence punishable under Sections 109/115(2)/126(2)/189(2)/190/191(2)/191(3)/296/351 (3) of BNS. 5. It is submitted by the respective counsels for the Petitioners that during the course of festival, an altercation took place on account of which exaggerated allegations have been leveled and in this context it is referred that there are cases and counter cases. 6. The learned counsel for the State on instruction submits that relating to the selfsame incident Dharmasala P.S. Case Nos.215, 217, 218, 219 of 2025 have been instituted. The present case relates to the Dharmasala P.S. Case No. 216 of 2025 as noted above. 7. It is stated by the learned counsel for the Petitioners that because of their political affiliations, all Page 3 of 6 the Petitioners have been cited as accused persons. Hence, they may be protected by pre-arrest bail. 8. Learned counsel for the Informant in ABLAPL Nos. 4761 and 4535 of 2025 opposes the prayer for pre-arrest bail and submits that taking into account the nature of injury suffered by the injured, which is a fracture injury and as such grievous, no leniency ought to be shown. On instruction, it is further submitted by the learned counsel for the Informant that the injured is still being treated for such injury. He further submits that on account of criminal proclivity of some of the Petitioners and since the offence was committed conjointly, no segregation at this stage is permissible. Hence, the ABLAPL is liable to be rejected. Such submission is also supported by the learned counsel for the State referring to the injury report and the criminal antecedent. 9. During the course of hearing, it is brought to the notice of this Court that the Petitioners 3 and 5 (Nirakar Samal, Ratikanta Samal) respectively in ABLAPL No.4761 of 2025, Petitioner No.2 (Dibya Ranjan Samal) in ABLAPL No.4564 of 2025 and Petitioner Nos.1,3 and 5 (Jyotiranjan Sahoo @ Banty, Tapas Samal & Manoj Kumar Samal @ Babuna) respectively in ABLAPL No.4775 of 2025 and Petitioner (Rabindra Nath Dash) in ABLAPL No.4892 of 2025 have criminal proclivity. Page 4 of 6 10. Taking into account the nature of allegations, the materials on record including the statement of witnesses as well as the injury suffered, this Court is not inclined to entertain the application of Petitioners 3 and 5 (Nirakar Samal, Ratikanta Samal) respectively in ABLAPL No.4761 of 2025, Petitioner No.2 (Dibya Ranjan Samal) in ABLAPL No.4564 of 2025 and Petitioner Nos.1,3 and 5 (Jyotiranjan Sahoo @ Banty, Tapas Samal & Manoj Kumar Samal @ Babuna) respectively in ABLAPL No.4775 of 2025 and Petitioner (Rabindra Nath Dash) in ABLAPL No.4892 of 2025. 11. So far as the Petitioner Nos.1,2 & 4 (Deepak Das, Harihar Das, Nihar Ranjan Samal) in ABLAPL No.4761 of 2025, Petitioner (Rati Ranjan Jena) in ABLAPL No.4535 of 2025, Petitioner Nos.1,3,4 (Jitendra Kumar Samal, Satyajit Samal, Manoj Kumar Samal @ Raju) respectively in ABLAPL No.4564 of 2025, Petitioner Nos. 2,4 (Pritiranjan Sahoo, Niranjan Senapati) respectively in ABLAPL No.4775 of 2025, it is directed that on surrendering within three weeks hence and moving for bail, the said Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 12. If it comes to fore that the Petitioner Nos.1,2 & 4 (Deepak Das, Harihar Das, Nihar Ranjan Samal) respectively in ABLAPL No.4761 of 2025, Petitioner (Rati Ranjan Jena) in ABLAPL No.4535 of 2025, Petitioner Page 5 of 6 Nos.1,3,4 (Jitendra Kumar Samal, Satyajit Samal, Manoj Kumar Samal @ Raju) respectively in ABLAPL No.4564 of 2025 and Petitioner Nos. 2,4 (Pritiranjan Sahoo, Niranjan Senapati) respectively in ABLAPL No.4775 of 2025 have any criminal antecedent of similar nature, this order shall not be given effect to. 13. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof. 14. It is needless to state thats the Petitioners so released as above shall cooperate with the ongoing investigation. 15. Accordingly, the ABLAPLs stand disposed of. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-May-2025 20:22:10 Page 6 of 6