Kalita @ Lalit Kumar Das vs State Of Odisha ….. Opposite Party on 10 June, 2025

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Orissa High Court

Kalita @ Lalit Kumar Das vs State Of Odisha ….. Opposite Party on 10 June, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                ABLAPL No.6153 of 2025
            Kalita @ Lalit Kumar Das         .....       Petitioner
                                                              Represented By Adv. -
                                                              Mr. Amlan Shakti Paul

                                              -versus-
            State of Odisha                           .....          Opposite Party
                                                              Represented By Adv. -

                                                              Mr. Gyanalok Mohanty,
                                                              SC

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

                                             ORDER

10.06.2025
Order No.

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

2. Heard learned counsel for the Petitioner as well as learned
Standing Counsel appearing for the State-Opposite Party.

3. The present application has been filed under Section 438 of
Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with
Khurda Sadar P.S. Case No.46 of 2014, corresponding to G.R. Case
No.466 of 2014, pending in the court of learned S.D.J.M., Khurda,
registered for alleged commission of offences punishable under
Sections 147/148/302/307/286/294/436/149 of I.P.C. read with
Section 9(b) of I.E. Act.

4. Considering the facts of the case, this Court is not inclined to
grant pre-arrest bail to the Petitioner.

5. However, on the submission of the learned counsel for the

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Petitioner, the Petitioner is directed to surrender before the learned
S.D.J.M., Khurda in the aforesaid case in the first hour within four
weeks 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 by
maintaining the principles of parity, if applicable.

6. Case Diary be made available to the concerned courts on an
application being filed prior to surrender of the Petitioner before the
court below. Records be transmitted to the higher forum at the cost of
the Petitioner, if applied for.

7. The ABLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra)
Vacation Judge

Debasis

Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 11-Jun-2025 15:15:27

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