Mahit Kumar Senapati vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 7225 Ori

Orissa High Court

Mahit Kumar Senapati vs State Of Odisha .... Opposite Party on 26 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                    ABLAPL No.7683 of 2025

     Mahit Kumar Senapati           ...           Petitioner
     @ Mohit Senapati
                               Mr. A.R. Panda, Advocate

                           -versus-
     State of Odisha             ....        Opposite Party

                                        Mr. S.K. Lenka, ASC

                       CORAM: JUSTICE V. NARASINGH
                           ORDER

Order                    26.08.2025
No.
02. 1.     Heard learned counsel for the Petitioner and
    learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.705 of 2025 pending on the file of learned J.M.F.C., Betnoti, arising out of Baisinga P.S. Case No.303 of 2025 for commission of offences punishable under Sections 310(4)/310(5) of BNS, 2023 r/w. Sec.25 of Arms Act.

3. It is submitted by the learned counsel for the Petitioner that since the Petitioner is an engineer and a businessman. Being jealous of his prosperity he has been falsely implicated. Hence, the Petitioner may be protected by pre-arrest bail.

4. Learned counsel for the State opposes the prayer for pre-arrest bail.

5. This Court perused the statement of the co- accused, namely, Karan Parida.

6. It is trite that while considering a bail application, the statement of the co-accused can be taken into account. The law in this regard is well settled and this Court does not want to burden this order referring to the several judgments. It will be suffice to refer to the time-tested judgment of the Apex Court in the case of Kalyan Chandra Sarkar vrs. Rajesh Ranjan alias Pappu Yadav and Anr., (2004) 7 SCC 528.

7. Taking into account the nature of allegations as borne out from the statement, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Betnoti 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., Betnoti 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., Betnoti, the Petitioner is at

liberty to move the higher forum for bail in the second hour on the same day.

8. 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., Betnoti a is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

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

9. Accordingly, the ABLAPL stands disposed of.

10. U.C.C. as per rules.

(V. NARASINGH) Judge

Jina

Location: High Court of Orissa Date: 26-Aug-2025 20:33:55