Babul Naik Vs State of Odisha

The Petitioner apprehending his arrest in Kaniha P.S. Case No.197 of 2021 corresponding to G.R. Case No.1373 of 2021, pending in the court of S.D.J.M., Talcher, for alleged commission of offence punishable under Sections 386, 34 of I.P.C and Sections 25 & 27 of Arms Act, has filed this petition for his release on pre-arrest bail.

Learned counsel for the Petitioner during the course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below,

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direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.

Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner on its own merit on the same day. Release of the co-accused, if any, shall be addressed in proper perspective. 6. However, the aforesaid order should not be construed as a protection from arrest till the date of surrender. 7. The ABLAPL is, accordingly, disposed of. 8. Urgent certified copy of this order be granted on proper application.

MRS/SKB

Babul Naik v. State of Odisha