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Orissa High Court
Prafulla Nayak@Prafulla Kumar vs ) State Of Odisha on 8 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1729 of 2025
Prafulla Nayak@prafulla Kumar ..... Appellant
Nayak
Represented By Adv. -
Bhabani Shankar
Dasparida
-versus-
1) State Of Odisha ..... Respondents
2) Akshay Mallick Represented By Adv. -
Rabi Narayan Panda
B.k.nayak
Ms.B.K.Sahu,AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.07.2025
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 528 of B.N.S.S. has
been filed by the Petitioner with a prayer to quash the
criminal proceeding in Bhandaripokhari P.S.Case No.07 of
Page 1 of 3.
2023 corresponding to G.R.Case No.07 of 2023 pending in
the Court of the learned JMFC-II(Cog-II), Bhadrak for
alleged commission of offences under Sections 147, 148,
323, 325, 307, 302, 452, 294, 354,506/149 of the 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 raise all the
points at the time of framing of charge by filing a discharge
petition.
5. Considering the submission made, this CRLMC
stands disposed of as not pressed.
6. Further considering the fact that some of the co-
accused persons have already released on bail, the
Petitioner is directed to surrender before the learned JMFC-
II(Cog-II), Bhadrak 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 by maintaining the principles of parity, if applicable.
7. Case Diary be made available to the concerned
courts. Records be transmitted to the higher forum at the
Page 2 of 3.
cost of the Petitioner, if applied for.
8. Accordingly, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge
RKS
Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: AR-CUM-Senior Secretary
Reason: Authentication
Location: OHC
Date: 09-Jul-2025 17:23:31
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