Saroj @ Swadhin Pradhan vs State Of Odisha
2025 Latest Caselaw 8037 Ori

Orissa High Court

Saroj @ Swadhin Pradhan vs State Of Odisha on 9 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.3476 of 2025
            Saroj @ Swadhin Pradhan       .....       Appellant
                                                             Represented By Adv. -
                                                             Bibhu Prasad Mohanty

                                           -versus-
            State Of Odisha                      .....                 Respondent
                                                            Represented By Adv. -
                                                            Mr.U.R.Jena, AGA

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA
                                  ORDER

09.09.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the parties and perused the records.

3. This application under Section 482 Cr.P.C. has been filed by the Petitioner challenging the continuance of the criminal proceeding in connection with Brahmagiri P.S.Casse No.66 of 2017 corresponding to G.R.Case No.571 of 2017 now pending in the Court of the learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri for alleged commission of offences under Sections 341, 354(A)(i), 354(B), 376, 511 of Indian Penal Code.

4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to surrender before the learned court below and move an application for

bail.

5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

6. In such view of the matter, the Petitioner is directed to surrender before the learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record. It is open to the Petitioner to take any ground including the judgment in support of his contention before the learned court below which shall be duly considered at the time of consideration of bail of the Petitioner.

7. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8. The CRLMC is disposed of accordingly.

9. Urgent certified copy of this order be granted as per Rules.

( Aditya Kumar Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 10-Sep-2025 16:12:21