Ganesh Mallick vs State Of Orissa .... Opposite Party
2025 Latest Caselaw 5415 Ori

Orissa High Court

Ganesh Mallick vs State Of Orissa .... Opposite Party on 26 March, 2025

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No.3176 of 2025

                 1. Ganesh Mallick      ....          Petitioners
                 2. Chhabindra @
                    Chhabi Barik
                 3. Radhasyam Das @
                    Dhapua
                 4. Nrusingh Charan
                    Rout
                 5. Nrusingh Charan
                    Das @ Papun
                 6. Kalia @ Tanoj
                    Kumar Nayak
                                    Mr. A.N. Samantray, Advocate


                                 -versus-

        State of Orissa                 ....      Opposite Party

                                               Mr. S.P. Dash, ASC



                        CORAM: JUSTICE V. NARASINGH
                                    ORDER

Order No.                         26.03.2025
 01.        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.182 of 2023, pending in the Court of learned J.M.F.C., Tirtol, arising out of Tirtol P.S. Case No.167 of 2023 for commission of alleged offences under Section 147/ 148/ 452/ 323/ 435/ 354-B/427/342/395/149/294/506 of IPC.

3. It is submitted by the learned that the Petitioners are not named in the F.I.R but charge sheet in the case at hand has been filed citing them as absconder.

4. It is his further submitted by the learned counsel that some of the co-accused, who faced trial, namely, Debasish Barik, Bhayadhar Barik @ Bhagabata Barik @ Bhgu, Alekha Prasad Bahalia, Deepak Barik have been acquitted by the judgment dated 15.04.2024 in C.T. No.254 of 2023 arising out of G.R. Case No.182 of 2023 in the case at hand. In such view the Petitioners seek release on pre-arrest bail.

5. Learned counsel for the State opposes such prayer.

6. Taking into account the nature of allegation and submissions made by the learned counsel for the Petitioners, it is directed 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.

7. 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.

8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 28-Mar-2025 09:27:47