Romanchal Sahu Vs State of Odisha

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.439 of 2025 pending on the file of learned J.M.F.C.,Kesinga, arising out of Kesinga P.S. Case No.448 of 2025 for commission of offences punishable under Sections 80(2)/ 123/ 3(5) of BNS r/w Sec. 4 of D.P. Act.

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It is submitted by the learned counsel that omnibus nature of allegations have been made against the Petitioners and only because of they are the inlaws and they have been implicated in the case at hand. It is further submitted that the husband has

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already been taken into custody. Considering the overt acts attributed to the Petitioners, they may be protected by pre-arrest bail.

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Learned counsel for the State opposes such prayer.

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Taking into account the nature of allegations and keeping in view the statement as made by the complainant, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned J.M.F.C., Kesinga in connection with the aforementioned case within one month from today.

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In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Kesinga on merits, in the first hour of the day.

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In the event of rejection of the prayer for bail by the learned J.M.F.C., Kesinga, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.

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On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioners on the same day on merit in accordance with law. `

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The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C.,

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Kesinga is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

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Ground of Parity, if any, may be considered by the learned court (s) below. The forums below are requested to verify the criminal antecedents of the Petitioner of similar nature.

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