) Dhuleswar Pradhan vs State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 2568 Ori

Orissa High Court

) Dhuleswar Pradhan vs State Of Odisha ..... Opposite Parties on 13 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              ABLAPL No.344 of 2025
            1) Dhuleswar Pradhan           .....    Petitioners
            2) Sujata Pradhan                             Represented By Adv. -
            3) Surendranath Pradhan                       Byomakesh Tripathy
            4) Golap Pradhan
            5) P. Piyush Divyajit
            6) Ruchishree Routray
            7) P. Adarsha Abhijit

                                          -versus-
            State Of Odisha                      .....        Opposite Parties
                                                          Represented By Adv. -
                                                          Mr.Sasmita Nayak, ASC

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

13.01.2025

Order No.

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

2. This is an application under section 482 BNSS 2023 filed by the Petitioners for anticipatory bail.

3. It appears that no F.I.R. has been registered against the Petitioners. Therefore, there is no apprehension of their arrest. The ABLAPL is not maintainable.

4. Taking into consideration the submission of the learned counsel for the Petitioners and further keeping in view the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar & another reported in (2014) 8 SCC 273, the Arresting Officer is directed to first explore the

possibility of applying the principles of section 35(3)(4)(5) of BNSS, 2023 as has been directed by the Hon'ble Supreme Court in the aforesaid case, in the event the same is applicable to the facts of the Petitioners' case.

5. The ABLAPL is disposed of accordingly.

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

( A.K. Mohapatra) Judge

RKS

Location: High Court of Orissa