Orissa High Court
Nanu @ Satya Ranjan vs State Of Odisha .... Opposite Party on 7 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4814 of 2025
Nanu @ Satya Ranjan .... Petitioners
Jena & others
Mr. S. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
07.05.2025
Order No.
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.134 of 2023 pending in
the Court of learned NGN-cum-J.M.F.C, Rajnagar,
arising out of Rajnagar P.S. Case No.124 of 2023 for
commission of the alleged offence under Sections
341/302/323/325/307/294/34 IPC.
3. It is submitted by the learned counsel that the
co-accused who were taken into custody faced trial and
have been acquitted by judgment dated 12.03.2025 in
S.T. Case No.277 of 2025 (S.T. 114 of 2023) by the
learned Addl. Sessions Judge, Pattamundai.
4. It is further submitted with vehemence that
since the Informant did not support the case, the case
ended in acquittal. Hence, the Petitioner may be
protected by pre-arrest bail.
5. It is stated that the Petitioner had earlier
approached this Court in ABLAPL No.7711 of 2023
which was allowed to be withdrawn by order dated
23.11.2023 and it is submitted that after such
judgment the prayer for pre-arrest has been renewed.
6. Learned counsel for the State opposes the
prayer for pre-arrest bail and submits that the
involvement of the Petitioner is under investigation.
7. It is trite that the evidence adduced in respect
of the accused persons who faced trial and in an
accusation under Section 302 IPC which has been split
up because of the accused persons could not be taken
into custody, the judgment so passed cannot enure to
the benefit of the accused persons who did not face
trial.
8. Accordingly, this Court is not inclined to
entertain the prayer for pre-arrest bail. However,
ABLAPL is disposed of with the observation that the
Petitioners may surrender before the learned NGN-
cum-J.M.F.C, Rajnagar in connection with the
aforementioned case within one month from today.
9. In the event of their surrender and motion for
bail, the application for bail shall be considered by the
learned NGN-cum-J.M.F.C, Rajnagar on merits in
accordance with law in the first hour of the day. In the
event of rejection of the prayer for bail by the learned
NGN-cum-J.M.F.C, Rajnagar, the Petitioners are at
liberty to move the higher forum for bail in the second
hour on the same day.
10. On being so moved, the higher forum shall
dispose of the bail application of the Petitioners on the
same day on merit in accordance with law. In that
event, the case diary be made available to the
concerned courts to facilitate disposal of the bail
application of the Petitioners and learned NGN-cum-
J.M.F.C, Rajnagar is called upon to transmit the case
record to the higher forum expeditiously in the second
hour in the event of rejection of the bail application by
him.
11. Ground of parity, if any, may be considered by
the learned court below.
12. Accordingly, the ABLAPL stands disposed of.
(V. Narasingh)
PKS Judge
Signed by: PRADEEP KUMAR SWAIN
Location: Orissa High Court, Cuttack
Date: 08-May-2025 18:55:08
