Jitu @ Jitendra Jena Vs State of Odisha

on the file of learned J.M.F.C., Tigiria, arising out of Tigiria P.S. Case No.300 of 2024 for commission of offences punishable under Section 85, 103(1) and 3(5) of BNS, 1923.

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It is submitted by the learned counsel appearing for the Petitioners in ABLAPL No.1239 of 2025 that the Petitioners have been arrayed as accused persons only because they are related to the deceased being the brother-in-law and sisterin-law. Hence, they may be protected by pre-arrest bail.

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It is submitted by the learned counsel appearing for the Petitioner in ABLAPL No.11701 of 2025 submits that, ex facie, there is no materials on record to implead him and that only because he is the husband of the deceased, the Petitioner in ABLAPL No.11701 of 2025 ought not to be deprived of the protection of pre-arrest bail.

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Learned counsel for the State opposes such prayer.

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This Court perused the materials on record including the post mortem report and it is not disputed that in the case at hand charge sheet has been filed on 04.04.2025, under Section 85/ 103(1)/ 3(5)/ 54 and 80(2) of BNS and read with Section 4 D.P. Act.

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Learned counsel appearing for the Petitioners in ABLAPL No.1239 of 2025 submits that the Petitioner No.1 (Jitu @ Jitendra Jena) is suffering from a disability in the nature of “Chronic Neurological Conditions” and the disability is extent of 70%. The disability certificate is on record.

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On perusal of the same, it is seen the same is valid up to 02.03.2029.

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Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.2(Guli @ Suchitra Jena) in ABLAPL No.1239 of 2025 and Petitioner in ABLAPL No.11707 of 2025. However, in the event the Petitioner No.2(Guli @ Suchitra Jena) in ABLAPL No.1239 of 2025 and Petitioner in ABLAPL No.11707 of 2025 surrender before the learned Court in seisin and move application for their release on bail, the same shall be considered on its own merit. Ground of Parity, if so urged shall be taken into account.

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Considering the paralytic condition of the Petitioner No.1 (Jitu @ Jitendra Jena) in ABLAPL No.1239 of 2025, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.1 (Jitu @ Jitendra Jena) in ABLAPL No.1239 of 2025 shall be released on bail by the

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learned Court in seisin on such terms as deemed just and proper.

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