Pagal Sahoo vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 6181 Ori

Orissa High Court

Pagal Sahoo vs State Of Odisha .... Opposite Party on 23 June, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                          ABLAPL No.12114 of 2022

       Pagal Sahoo                     ....            Petitioner
                                           Mr. J. Sahoo, Advocate


                               -versus-

       State of Odisha                 ....       Opposite Party


                                             Mr. S.K Brahma, ASC

                      CORAM: JUSTICE V. NARASINGH
                                    ORDER

Order No.                         23.06.2025
 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.123 (B) of 2016 pending in the Court of learned J.M.F.C., Banpur, arising out of Banpur P.S. Case No.82 of 2016 for commission of offence punishable under Sections 341 / 294/ 506/ 302/ 379 of IPC.

3. This is the second journey of the Petitioner to this Court. The charge sheet in the case at hand, admittedly, has been filed, inter alia, under Section 302 of IPC on 28.07.2016 and the Petitioner moved this Court in ABLAPL 6689 of 2017, which was disposed of by order dated 15.05.2017, granting the Petitioner on surrendering move for bail.

4. It is submitted by the learned counsel that the Petitioner did not avail such order and the present application has been filed after acquittalof the co- accused in terms of the judgment dated 08.04.2019 in S.T. Case No.56 and 105 of 2017 by the 1st Addl. Sessions Judge, Khurda.

5. Referring to the evidence on record more particularly that of P.W.13 (Informant and eye witness, it is submitted that the Petitioner may be protected by pre-arrest bail).

6. Learned counsel for the State opposes such prayer and submits that the evidence in respect of the co-accused cannot ennure to the benefit of the Petitioner, and as such, taking into account the nature of allegations, the Petitioner is not entitled to be released by pre-arrest bail.

7. There is no cavil about such proposition of law as stated by the learned counsel for the State.

8. Taking into account the nature of evidence on record, age of the Petitioner and nature of allegation, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

9. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof.

10. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Jun-2025 12:13:08