Baliram Nayak vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 16770 Ori

Orissa High Court

Baliram Nayak vs State Of Odisha ..... Opposite Party on 18 November, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             ABLAPL No.12482 of 2024
            1. Baliram Nayak            .....                  Petitioner
                                                Represented By Adv. -
                                                Mr.J.K.Mahapatra

                                           -versus-
            State Of Odisha                      .....            Opposite Party
                                                           Represented By Adv.
                                                           -Smt. Siva Mohanty,
                                                           ASC

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                             ORDER

Order No.                                   18.11.2024



    2.       1.    This matter is taken up through Hybrid Arrangement
             (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. It is stated by the learned counsel for the petitioner that although no formal FIR has been registered, however, the petitioner is apprehending arrest by the local police. He further submitted that a conspiracy is going on to falsely implicate the petitioner in a criminal case. In any event since no formal FIR has been registered, there is no apprehension of arrest of the present. Accordingly, the anticipatory bail application is not maintainable.

4. Taking into consideration the submission made by the leaned counsel appearing for the petitioner, it is directed that in the event any FIR is registered at Badaambada P.S. in the district of Nabarangpur against the present petitioner, the Arresting Officer is directed to first explore the possibility of applying the provision of section 35 (3)(4)(5) of B.N.S.S in the event the case is so registered keeping in view the judgment of the Hon'ble Supreme Court in the case of Salendra Kumar -V- Central Bureau of Investigaton & Another; 2022 LiveLaw (SC) 577.

5. With the aforesaid observation, the bail application stands disposed of.

6. Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra ) Judge

Basu

Designation: ASST. REGISTRAR-CUM-SR. SECRETARY

Location: HIGH COURT OF ORISSA : CUTTACK Date: 20-Nov-2024 14:50:44