Orissa High Court
Sk. Nasiruddin @ vs State Of Odisha .... Opposite Party on 14 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 4074 of 2025
1. Sk. Nasiruddin @ .... Petitioners
Nasa
2. Hedatun Bibi
3. Sk. Sehjad @
Saijak
4. Sk. Jamiruddin
5. Sk. Ainuddin
6. Sk. Sauddin @
Gundi @ Sk.
Ismail
Mr. A.K. Jena, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panigrahi, ASC
Mr. S.K. Pal, Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
ORDER
14.05.2025
Order No.
02. 1. Heard learned counsel for the Petitioners,
learned counsel for the State and learned counsel for
the Informant.
2. The Petitioners are seeking pre-arrest bail in
connection with C.T. Case No.171 of 2025 pending on
the file of learned Grama Nyalaya-cum-J.M.F.C.,
Bhograi arising out of Kamarda P.S. Case No.49 of
2025 for commission of offences punishable under
Sections 296/137(2)/351(2)/3(5) of BNS.
3. It is apt to note that the learned counsel for
the State raised a preliminary objection regarding the
maintainability of the ABLAPL, since the FIR
admittedly has been registered under all sections
which are bailable.
4. Per contra learned counsel for the Petitioners
submits that since it has come to the fore that the
victim is a minor, there is reasonable apprehension of
the Petitioners being cited as an accused for
commission of the offence, inter alia, under the
POCSO Act. Hence, the ABLAPL is maintainable.
5. On an analysis of the materials on record, this
Court finds force in such submission in the light of the
judgment of the Apex Court in the case of Gurbaksh
Singh Sibbia & Others Vrs. State of Punjab,
reported in (1980) 2 SCC 565 and reiterated in the
case of Dhanraj Aswani vs. Amar S. Mulchandani
& Ors. reported in (2024) 10 SCC 336 and thereby
goes that the present ABLAPL is maintainable.
6. It is submitted by the learned counsel that
Petitioner Nos.1 and 2 are the parents of the principal
accused and Petitioner Nos.3 to 6 are the villagers.
Petitioner Nos.1 and 2 are facing harassment because
they are the parents and the other co-villagers for
allegedly facilitating the principal accused in the
alleged kidnap.
7. It is submitted by the learned counsel for the
Petitioners, taking into account the nature of
allegations, Petitioners may be protected by pre-
arrest bail.
8. Admittedly, the victim is a minor.
9. Learned counsel for the State opposes the
prayer and submits that the victim is yet to be
rescued and it is also brought to the notice of this
Court that the Informant has filed WPCRL No.49 of
2025 and it is subjudice and posted to 24.06.2025 as
submitted by the learned counsel for the informant.
10. Learned counsel for the Informant also files
copy of FIR i.e. Kamarda P.S. Case No.65 of 2025,
U/s.115(2)/74/351(2)/3(5) of BNS wherein the
Petitioner Nos.1,4,3,5 have been cited as accused
No.1 to 4. The copy of the said FIR is taken on
record.
11. Learned counsel for the Petitioners submits
that the said FIR has been filed only to prejudice this
Court and that ought not to deter this Court from
considering the claim of the Petitioners on its own
merit.
12. Perused the materials on record as well as the
role ascribed to the Petitioners.
13. Taking into account the nature of allegations,
this Court is not inclined to entertain the application
for pre-arrest bail in respect of Petitioner No.1 and 2
(Sk. Narisuddin @ Nasa @ Hedatun Bibi), the
parents.
14. Accordingly, the ABLAPL in respect of
Petitioner No.1 and 2 (Sk. Narisuddin @ Nasa @
Hedatun Bibi) stands rejected.
15. So far as ABLAPL in respect of Petitioner Nos.3
to 6 are concerned, it is directed that on surrendering
within three weeks hence and moving for bail, the
Petitioner Nos.3 to 6 shall be released on bail by the
learned Court in seisin on such terms as deemed just
and proper.
16. Additionally, taking into account the
allegations as leveled and noted in Kamarda P.S.
Case No.65 of 2025, it is directed that the said
Petitioner Nos.3 to 6 shall not in any way try to
intimidate the victim/ her family members.
17. It shall be open for the prosecution as well as
the informant to seek variance of this order, if there
is any threat perception.
18. 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.
19. It is needless to state that the Petitioner Nos.3
to 6 shall cooperate with the ongoing investigation.
20. Accordingly, the ABLAPL stands disposed of.
21. U.C.C. as per rules.
(V. NARASINGH)
Judge
Santoshi
Location: High Court of Orissa, Cuttack
