Orissa High Court
Chandan Behera @ Sahu vs State Of Odisha .... Opposite Parties on 1 October, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 11405 of 2025
Chandan Behera @ Sahu .... Petitioner
Mr. S.K. Dash, Advocate
-versus-
1. State of Odisha .... Opposite Parties
2. Sumitra Behera
Mr. S.J. Mohanty, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
Order No. 01.10.2025
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 C.T. Special Case No.39 of 2025
pending on the file of learned Sessions Judge-cum-
Special Judge, Dhenkanal arising out of Hindol P.S.
Case No.187 of 2025 for commission of offences
punishable under Sections 3(1)(r)/ 3(1)(s)/ 3(2)(v)/
3(2)(va) of S.C & S.T.(P.A) Act and Section 126(2)/
296/ 115(2)/ 117(1)/ 109(1)/ 351(2)/ 3(5) of B.N.S.
3. It is submitted by the learned counsel for the
Petitioner that in respect of one of the co-accused,
this Court disposed of the ABLAPL directing the said
Petitioner to move in terms of the judgment of this
Court in case of Pramod Kumar Ray and others
Vrs. State of Odisha, (2017) 67 OCR 309.
4. And referring to the said order, it is submitted
that the injury is attributed to one Kalia @
SuryaKanta Bhutia, who is admittedly not the
Petitioner here and it is also stated that the Petitioner
has no criminal proclivity.
5. Learned counsel for the State oppose the
prayer for pre-arrest bail.
6. In the light of the order passed by this Court
in the case of Pramod Kumar Ray (supra), this
ABLAPL is disposed of with the following directions.
The Petitioner shall surrender before the
learned Court in seisin in the aforesaid case within
three weeks from today. Seven days before the
surrender of the Petitioner before the said Court, the
Petitioner or their counsel shall serve a copy of the
bail application or such number of copies of the bail
application on the learned Public Prosecutor/Special
Public Prosecutor, as required by him, for the purpose
of notice to the Victim and/or Informant.
7. Taking into consideration the nature of the
offence as alleged against the Petitioner, it is directed
that the Petitioner shall be released on interim bail
by the learned Court in seisin, on the same day they
surrender in the aforesaid case, pending disposal of
the bail application on merit, on such terms and
conditions as deemed just and proper including the
following conditions:-
I) The Petitioner shall appear before the
I.O. once in a week on the date and time fixed
by the said I.O. until further order by the
learned Court in seisin;
II) The Petitioner shall not threaten, induce
or coerce any witnesses of this case or the
Victim; and
III) The Petitioner shall not involve himself in
similar or any other offence during currency of
this order.
8. Within two weeks of appearance of the Victim
and/or Informant, the matter shall be considered and
disposed of on its own merits.
9. The ABLAPL accordingly stands disposed of.
(V. NARASINGH)
Vacation Judge
Santoshi
Location: High Court of Orissa, Cuttack
