JUSTICE v. NARASINGH Order No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7704 of 2025 Deepak Sahu …. Petitioner Mr. B.K. Ragada, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA ABLAPL No. 7856 of 2025 Amarjeet Singh@ Amarjet Singh …. Petitioner
Legal Reasoning
Mr. D.P. Dhal, Sr. Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA ABLAPL No. 7925 of 2025 Paramjeet Singh …. Petitioner Mr. D.P. Dhal, Sr. Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA ABLAPL No. 8159 of 2025 1. Sarwan Kumar Singh 2. Akash Singh …. Petitioners Mr. D.P. Dhal, Sr. Advocate Page 1 of 6 -versus- State of Odisha …. Opposite Party ABLAPL No. 8346 of 2025 Mr. C.R. Swain, AGA Sibam Soni …. Petitioner Mr. S.K. Panda, Advocate -versus- State of Orissa …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. 02. 1. Mr. D. P. Dhal, learned Senior Counsel has
Decision
ORDER 26.08.2025 entered appearance on behalf of the Petitioners in ABLAPL Nos.7925 and 8159 of 2025 by filing Vakalatnama. The same is taken on record. 2. Registry is requested to reflect the name of Mr. Dhal, Senior Counsel in the cause list, brief as well as web portal of this Court. 3. Since all the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order. 4. Heard learned counsel for the Petitioners and learned counsel for the State. 5. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No. 1102 of 2025 pending Page 2 of 6 on the file of learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar P.S. Case No. 215 of 2025 for commission of offences punishable under Sections 180(2), 191(2), 126(2), 296, 285, 121(1), 132, 109, 324(4), 326(b), 326(f), 74, 351(2), 351(3), 181(3), 190 of the BNS, 2023. 6. Mr. Ragada, learned counsel appearing for the Petitioner in ABLAPL No.7704 of 2025, Mr. Dhal, learned Senior Counsel appearing for the Petitioners in ABLAPL Nos.7856, 7925 and 8159 of 2025 and Mr. S.K. Panda, learned counsel appearing for Petitioner in ABLAPL No.8346 of 2025 submit that since admittedly in the case at hand charge sheet has already been filed and taking into account that the incident has happened on the spur of the moment without any premeditation on account of the accident which had taken place. Hence, the Petitioners may be protected by pre-arrest bail. 7. Learned counsel for the State while not disputing that charge sheet has been filed submits on verification of record that four injured persons are there including the driver of the vehicle which caused the accident and the OSAP staff. And, it is submitted that OSAP staff who were deputed to rescue the driver on account of the commotion were also assaulted. 8. During the course of hearing, it is brought to the notice of this Court that the Petitioner in ABLAPL Page 3 of 6 No.7704 of 2025 has nine criminal antecedents which run thus:- “1. Sadar P.S Case No. 244/2023 u/s 147/148/149/307/323/379 IPC/25/27 Arms Act. 2. Sadar PS Case No. 268/2022 u/s 307/294/506/34 IPC R/w Sec. 25/27 Arms Act/3(1)(r)/3(2)(v)(v) S & ST POA Act 3. Jharsuguda PS Case No. 383/2009 u/s 3 OPG Act. 4. Jharsuguda Orient PS Case No. 14/2015 u/s 25(1-B)(a) Arms Act. 5. Jharsuguda PS Case No. 50/2011 u/s 419/420/423/468/471/34 IPC. 6. Jharsuguda PS Case No. 216/2007 u/s 379/411 IPC. 7. Jharsuguda PS Case No. 311/2008 u/s 379/411/34 IPC. 8. Jharsuguda PS Case No. 339/2006 u/s 294-A IPC/47(a) Bihar and Orissa Excise Act/3/4 OPG Act and Money Circulation Scheme 9. Jharsuguda PS Case No. 265/2011 u/s 379/411/34 IPC” 9. It is submitted by the learned counsel for the State on instruction that the Petitioner in ABLAPL No.7856 of 2025 has no criminal antecedent, the Petitioner in ABLAPL No.7925 of 2025 has one criminal antecedent, the Petitioners in ABLAPL Nos.8159 and 8346 of 2025 have no criminal antecedents. 10. It is stated at the Bar that the co-accused who were taken into custody have been released on bail. And one of the co-accused, namely, Shubham @ Shuvam Sonkar has been granted pre-arrest bail in ABLAPL No.9015 of 2025 vide order dated Page 4 of 6 13.08.2025. On perusal of the same, it is seen that the said Petitioner was granted pre-arrest bail subject to verification of criminal antecedent of any nature. 11. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner in ABLAPL No.7704 of 2025. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. Ground of parity, if any, may be considered by the learned court below. 12. Accordingly, the ABLAPL in respect of Petitioner in ABLAPL No.7704 of 2025 stands disposed of. 13. So far as the ABLAPL in respect of Petitioners in ABLAPL Nos.7856, 7925, 8159 and 8346 of 2025 is concerned, taking into account the nature of allegations and the punishment prescribed, 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 subject to verification of more than one criminal antecedent of any nature. Page 5 of 6 If it comes to the fore that the Petitioners in ABLAPL Nos.7856, 7925, 8159 and 8346 of 2025 have more than one criminal antecedent of any nature, this order shall not be given effect to. 14. It is needless to state that the Petitioners in ABLAPL Nos.7856, 7925, 8159 and 8346 of 2025 shall cooperate with the ongoing investigation. 15. Accordingly, the ABLAPLs in respect of Petitioners in ABLAPL Nos.7856, 7925, 8159 and 8346 of 2025 stand disposed of. (V. NARASINGH) Judge Jina Signature Not Verified Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 26-Aug-2025 20:33:55 Page 6 of 6