Jitu @ Jitendra Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Jitu @ Jitendra Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: Petitioners to surrender within three weeks and move for bail, whereupon they shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedents of similar nature (order inoperative if such antecedents exist), verification of any challenge to the order before the Apex Court, and cooperation with the ongoing investigation; ABLAPL stands disposed of.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.70 of 2025 (arising out of Sadar P.S. Case No.50 of 2025) for offences under Sections 126(2), 115(2), 296, 74, 351(2) and 3(5) of BNS, 2023. +1 more

Court's answer

Taking into account the nature of allegations and the punishment prescribed, the Court directed that on surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of similar nature.

Ratio / Principle

If it comes to the fore that the Petitioners have any such criminal antecedent of similar nature, the order shall not be given effect to.

Key takeaways

Before releasing the Petitioners, the learned Court shall verify whether this order has been assailed before the Apex Court and, if so, the result thereof.ratio¶22
The Petitioners shall cooperate with the ongoing investigation.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail (High Court of Orissa, ABLAPL No.1652 of 2025, decided 25.04.2025, V. Narasingh, J.): Petitioners sought pre-arrest bail in G.R. Case No.70 of 2025 (Sadar P.S. Case No.50 of 2025) pending before the learned Nayadhikari, Gramanayalaya, Puri, for offences punishable under Sections 126(2), 115(2), 296, 74, 351(2) and 3(5) of BNS, 2023, claiming parity with a co-accused enlarged on pre-arrest bail by order dated 18.02.2025 in ABLAPL No.1639 of 2025. Considering the nature of allegations and the punishment prescribed, the Court directed that on surrender within three weeks and motion for bail, the Petitioners be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to: (i) verification of criminal antecedents of similar nature, failing which the order shall not be given effect to; (ii) verification whether the order has been assailed before the Apex Court and its result; and (iii) cooperation with the ongoing investigation. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1652 of 2025

Jitu @ Jitendra …. Petitioners Pradhan and others

Mr. S.N. Pradhan, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH

ORDER

Order

25.04.2025

No.

01.

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

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.70 of 2025 pending on the file of learned Nayadhikari, Gramanayalaya, Puri arising out of Sadar P.S. Case No.50 of 2025 for commission of offences punishable under Sections 126(2), 115(2), 296, 74, 351(2) and 3(5) of BNS, 2023.

It is submitted by the learned counsel that the Petitioner is similarly circumstanced with the co-accused who has since been enlarged on prearrest bail in terms of the order dated 18.02.2025

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in ABLAPL No.1639 of 2025. Hence, the Petitioner may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail.

Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.

If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.

Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 26-Apr-2025 11:38:22

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