Rajkumar Badaik vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3484 Ori

Orissa High Court

Rajkumar Badaik vs State Of Odisha .... Opposite Party on 14 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        ABLAPL No. 9458 of 2025

        Rajkumar Badaik                       ....            Petitioner
                                        Mr. B.K. Ragada, Advocate
                                   -versus-

        State of Odisha                       ....      Opposite Party

                                                  Mr. S. Panigrahi, ASC

                        CORAM: JUSTICE V. NARASINGH
                                    ORDER

Order No.                         14.08.2025
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.983 of 2025 pending on the file of learned J.M.F.C.(Rural), Rourkela, arising out of Bisra P.S. Case No.216 of 2025 for commission of offences punishable under Sections 316(5) of BNS.

3. Learned counsel for the State opposes the prayer.

4. Taking into account the nature of allegation being defalcation of public money and keeping in view the judgment of the Apex Court in the case of Devinder Kumar Bansal vs. State of Punjab, 2025 SCC OnLine SC 488, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender

before the learned J.M.F.C.(Rural), Rourkela in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.(Rural), Rourkela on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C.(Rural), Rourkela, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

5. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.(Rural), Rourkela is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below.

6. Accordingly, the ABLAPL stands disposed of.

7. U.C.C. as per rules.

Location: High Court of Orissa, Cuttack (V. NARASINGH)

Judge Santoshi