Bibhuti @ Bibhuti vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 7579 Ori

Orissa High Court

Bibhuti @ Bibhuti vs State Of Odisha .... Opposite Party on 25 April, 2025

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No.4403 of 2025

        Bibhuti @ Bibhuti                  ....           Petitioner
        Bhusan Das
                                          Mr. B. Mohanty, Advocate


                                    -versus-

        State of Odisha                    ....      Opposite Party
                                                  Mr. R.B. Dash, ASC



                         CORAM: JUSTICE V. NARASINGH
                                      ORDER

25.04.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.182 of 2023 pending in the Court of learned J.M.F.C., Tirtol, arising out of Tirtol P.S. Case No.167 of 2023 for commission of offence punishable under Sections 147/ 148/ 452/ 323/ 435/ 354-B/ 427/ 342/ 395/ I49 of I.P.C.

3. It is submitted by the learned counsel that the Petitioner was not a named accused but while filing the charge sheet he has been shown as an absconder.

4. It is submitted by the learned counsel that the Petitioner is at par with the co-accused, who has

since been released on anticipatory bail by order dated 26.03.2025 in ABLAPL No.3176 of 2025.

5. It is apt to note here that the said accused, who was released on anticipatory bail keeping in view that the co-accused, who faced trial, namely, Debasish Barik, Bhayadhar Barik @ Bhagabata Barik @ Bhgu, Alekha Prasad Bahalia, Deepak Barik have been acquitted by the judgment dated 15.04.2024 in C.T. No.254 of 2023 arising out of G.R. Case No.182 of 2023. In such view the Petitioner seeks release on pre-arrest bail.

6. It is further submitted that the Petitioner is at all fours with the co-accused who has since been released on pre-arrest bail vide order dated 26.03.2025 in ABLAPL No.3175 of 2025 as well as vide order dated 21.04.2025 in ABLAPL No.4246 of 2025.

7. Learned counsel for the State opposes such prayer.

8. Taking into account the nature of allegation and submissions made by the learned counsel for the Petitioner, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

9. 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.

10. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Jina

Location: High Court of Orissa Date: 26-Apr-2025 11:38:23