Orissa High Court
Babuli @ Baburam vs State Of Odisha .... Opposite Party on 21 July, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5827 of 2025
1. Babuli @ Baburam .... Petitioners
Majhi
2. Raka @ Rakesh
Kumar Behera
3. Biswabhusan Behera
Mr. M. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
Order 21.07.2025
No.
02. 1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in
connection with G.R. Case No.291 of 2025 pending
on the file of learned J.M.F.C., Kujang, arising out
of Kujang P.S. Case No.135 of 2025 for commission
of offences punishable under Sections 115(2),
126(2), 3(5), 303(2), 74 and 76 of BNS, 2023.
3. It is submitted by the learned counsel that
the present Petitioners along with the co-accused
had moved this Court in ABLAPL No.4618 of 2025
and vide order dated 02.05.2025 while releasing
the co-accused the present Petitioners who were
Petitioner Nos. 1, 3 and 5 respectively in the earlier
anticipatory bail application, their prayer was
negatived, inter alia, on the ground of criminal
antecedents.
4. It is submitted by the learned counsel for the
Petitioners that the other two Petitioners in the
earlier anticipatory bail application in the meantime
having been released and so far as the criminal
antecedents are concerned, Petitioner No.2 who
was cited as an accused in Kujanga P.S. Case
No.227 of 2022 (G.R. Case No.559 of 2022) has
since been acquitted by judgment dated
02.07.2024 passed by the learned Adhoc Addl.
District & Sessions Judge, FTSC(POCSO),
Jagatsinghpur.
5. It is stated by the learned counsel for the
State that the Petitioner No.1 is cited as an accused
in Kujang P.S. Case No.120 dated 04.06.2020 and
Petitioner No.3 has been charge sheeted in Kujang
P.S. Case No.522 of 2024. And referring to the said
antecedents, it is submitted by the learned counsel
for the Petitioners that it ought not to deter this
from considering the application of the Petitioners
on merits.
6. Learned counsel for the State opposes the
prayer for pre-arrest bail.
7. Taking into account the nature of allegations
and the antecedents as noted, this Court directs
that on surrendering within three weeks hence and
moving for bail, the Petitioners shall be released on
bail by the learned Court in seisin on such terms as
deemed just and proper.
8. Before releasing the learned Court shall
verify as to whether order of this Court has been
assailed before the Apex Court and if so, the result
thereof.
9. It is needless to state that the Petitioners
shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Jina
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 22-Jul-2025 11:13:13
