Mojesh Ekka vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3906 Ori

Orissa High Court

Mojesh Ekka vs State Of Odisha .... Opposite Party on 12 February, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             ABLAPL No. 1504 of 2025

             Mojesh Ekka                   ....           Petitioner
                                         Mr. D.P. Mishra, Advocate

                                     -versus-

             State of Odisha               ....     Opposite Party
                                             Mr. S. Panigrahi, ASC

                           CORAM: JUSTICE V. NARASINGH

                                    ORDER

12.02.2025 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.1023 of 2024 pending on the file of learned S.D.J.M, Banai, Rourkela, Dist- Sundargarh, arising out of Banai P.S. Case No.244 of 2024 for commission of offences punishable under Sections 417/376(2)(n)/506 of IPC.

3. Perused the 164 Cr.P.C. statement of the victim.

4. Learned counsel for the State opposes the prayer.

5. Seeking release of the Petitioner on pre-arrest bail, learned counsel for the Petitioner places reliance

on the judgment of the Apex Court in the case of Mahesh Damu Khare vs. The State of Maharashtra and another, 2024 INSC 897.

6. On a perusal of the factual matrix of the case at hand, it is seen that the same is patently at variance with the background in which the Apex Court considered the prayer of the Petitioner therein for quashing. The submission of the learned counsel for the Petitioner that in the said case, learned Trial Court granted anticipatory bail to the Appellant therein cannot, in the considered view of this Court, have any bearing in the facts of the present case.

7. On perusal of the 164 Cr.P.C. statement of the victim and the tenor thereof, this Court is not inclined to entertain this ABLAPL.

8. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi

Designation: Senior Stenographer

Location: High Court of Orissa Date: 14-Feb-2025 11:38:39