Pankaj Gupta Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Pankaj Gupta Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined; Petitioner directed to surrender before learned JMFC-1 (Cog. Taking), Jharsuguda within one month, with directions for consideration of bail on merits in the first hour, recourse to the higher forum in the second hour on the same day upon rejection, and expeditious same-day disposal.

Issue for consideration

Whether the Petitioner, whose previously undisclosed criminal antecedent (Jharsuguda P.S. Case No.186 of 2019) came to light after the order in ABLAPL No.275 of 2025, is entitled to protection of pre-arrest bail in connection with C.T. Case No.115 of 2023.

Court's answer

Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of the Petitioner.

Ratio / Principle

The Petitioner is directed to surrender before the learned JMFC-1 (Cog. Taking), Jharsuguda in connection with the aforementioned case within one month; upon surrender and motion for bail, the same shall be considered by that court on merits in the first hour of the day.

Key takeaways

In the event of rejection of the bail prayer by the learned JMFC-1 (Cog. Taking), Jharsuguda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶23
On being so moved, the higher forum is requested to make an endeavour to dispose of the Petitioner's bail application on the same day on merit in accordance with law.ratio¶¶24
The case diary shall be made available to the concerned courts to facilitate disposal of the Petitioner's bail application, and the learned JMFC-1 (Cog. Taking), Jharsuguda is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of the bail application.

Detailed headnote1 paragraphs

Pre-arrest bail refused. The Petitioner, already directed by order dated 21.01.2025 in ABLAPL No.275 of 2025 to surrender subject to verification of antecedents, sought anticipatory bail in C.T. Case No.115 of 2023 (arising out of Brajarajnagar P.S. Case No.115 of 2023, Sections 364/323/325/307/34 IPC read with Sections 25/27 Arms Act) after disclosing a previously unmentioned criminal antecedent (Jharsuguda P.S. Case No.186 of 2019, Sections 147/341/323/294/307/379/149 IPC read with Sections 3(1)(R), 3(1)(S), 3(2)(va) SC & ST (POA) Act). Taking into account the nature of allegations, the Court declined to entertain the pre-arrest bail prayer but directed surrender within one month, consideration of bail on merits in the first hour, liberty to approach the higher forum in the second hour on the same day upon rejection, expeditious same-day disposal by the higher forum, availability of the case diary, and left grounds of parity, if any, to the courts below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1437 of 2025

Pankaj Gupta

Petitioner

Mr. H.K Muduli, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S.N. Das, ASC

CORAM: JUSTICE V. NARASINGH ORDER

19.08.2025

Order No.

01.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.115 of 2023 pending in the Court of learned JMFC-1 (Cog. Taking), Jharsuguda, arising out of Brajarajnagar P.S. Case No.115 of 2023 for commission of offence punishable under Sections 364/323/325/307/34 of IPC read with Sections 25/27 Arms Act.

It is submitted by the learned counsel that the present Petitioner was before this Court in ABLAPL No.275 of 2025 and this Court by order dated 21.01.2025 directed him to surrender and moves for bail subject to verification of criminal antecedent.

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It is submitted by the learned counsel for the Petitioner that inadvertently it could not be brought to the notice of this Court that the present Petitioner has one criminal antecedent in as much as he has been cited as accused Jharsuguda P.S. Case No.186 of 2019, under Section 147/ 341/ 323/ 294/ 307/ 379/ 149 of IPC read with Section 3(1)(R), 3(1)(S), 3(2)(va), SC and ST(POA)Act. Hence, this application.

It is further submitted that non-mentioning of the criminal antecedent is bonafide. Hence, the Petitioner may be protected by pre-arrest bail. 6. Learned counsel for the State opposes such prayer.

Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner. However, it is directed that the Petitioner may surrender before the learned JMFC-1 (Cog. Taking), Jharsuguda in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned JMFC-1 (Cog. Taking), Jharsuguda 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 JMFC-1 (Cog. Taking), Jharsuguda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

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

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC-1 (Cog. Taking), Jharsuguda is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of Parity, if any, may be considered by the learned court (s) below.

Accordingly, the ABLAPL stands disposed of. 10. U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2025 14:25:56

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