Arup Naik v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 294, 307, 323, 324, 341, 354, 427
- Substance Act, 1908
Key paragraphs
- Para 1212. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 20-Nov-2025 20:28:31
Judgment
ORDER 19.11.2025 Order No.
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.266 of 2023 pending on the file of learned JMFC, Khandapada, arising out of Khandapada P.S. Case No.272 of 2023 for commission of offences punishable under Section 147/148/294/341/323/324/354/307/427/149 of the IPC read with under section 3/4 of the explosive Substance Act, 1908.
It is submitted by the learned counsel for the Petitioners that to wriggle out of the accusation of the counter F.I.R, the Petitioners have been cited as accused in the case at hand and referring to the counter F.I.R, it is submitted that the Petitioners, who were arrayed as accused, have been released on bail by order dated 09.04.2024 in ABLAPL No.3101 of 2024. Hence, the present Petitioners seek release on pre-arrest bail.
It is submitted by the learned counsel that exaggerated allegations have been made and taking into account that the present Petitioners sustained injury in the counter F.I.R, he may be protected by pre-arrest bail.
Learned counsel for the State opposes such prayer, inter alia, on the ground that the injured has suffered injury though categorized as simple and some of them i.e Petitioner Nos.3,4,7,18 and 23 (Dillip Naik, Madhab Chandra Naik, Tukuna Naik, Ranjit Naik @ Priyabrata Naik, Sibaji Naik) have criminal antecedents.
Per contra, learned counsel Petitioners submits that the criminal antecedent are not of such nature to deter to this Court from considering the present application on its own merits.
Considering submission and released of the co-accused in the counter F.I.R, it is directed 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.
Additionally, it is directed that Petitioner Nos.3,4,7,18 and 23 (Dillip Naik, Madhab Chandra Naik, Tukuna Naik, Ranjit Naik @ Priyabrata Naik, Sibaji Naik) shall appear before the jurisdictional police station once every fortnight on such date and time to be fixed by the learned Court in seisin till the submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
It is further directed that Petitioners shall not in any way try to intimidate the Informant and her family.
It shall be open Informant/ prosecution to seek variance of this order in the event there is any threat perception.
It is needless to state that the Petitioners shall cooperate with the ongoing investigation.
Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 20-Nov-2025 20:28:31
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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