Biswajit Pallai Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

Biswajit Pallai Vs State of Odisha — Cheating and Forgery | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: the Petitioners are to surrender within three weeks and move for bail, whereupon the learned Court in seisin shall release them on bail on such terms as deemed just and proper, subject to verification of criminal antecedents of similar nature and confirmation that this order has not been assailed before the Apex Court; the Petitioners are to cooperate with the ongoing investigation.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with C.T. Case No.155 of 2025 (arising out of Mancheswar P.S. Case No.57 of 2025) for alleged offences under Sections 318(4)/296/115(2)/303(2)/351(3)/3(5) of BNS and Section 25 of Arms Act.

Court's answer

Taking into account the nature of allegation and the role ascribed to the Petitioners, 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, this 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¶24
The Petitioners shall cooperate with the ongoing investigation.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Petitioners, arrayed as accused in C.T. Case No.155 of 2025 (J.M.F.C.-2, Bhubaneswar) arising out of Mancheswar P.S. Case No.57 of 2025 for alleged offences under Sections 318(4)/296/115(2)/303(2)/351(3)/3(5) of BNS and Section 25 of Arms Act, were held entitled to release on bail upon surrender within three weeks, on terms deemed just and proper by the trial court, subject to verification of similar criminal antecedents and confirmation that the order had not been assailed before the Apex Court; cooperation with the ongoing investigation required. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2475 of 2025

1. Biswajit Pallai

…. Petitioners

2. Subhashree Priyadarsini Behera

Mr. B.K. Ragada, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S.N. Das, ASC Mr. S. Das, Adv. (Informant)

CORAM: JUSTICE V. NARASINGH

ORDER

21.07.2025

Order No.

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

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.155 of 2025, pending in the Court of learned J.M.F.C.-2, Bhubaneswar, arising out of Mancheswar P.S. Case No.57 of 2025 for commission of alleged offences under Sections 318(4)/296/115(2)/303(2)/351(3)/3(5) of BNS and Section 25 of Arms Act.

It is submitted by the learned counsel that the Petitioners have been implicated in the case at hand

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only because they are acquaintance of the principal accused. Hence, they may be protected by pre-arrest bail.

Learned counsel for the State as well as informant oppose such prayer.

Taking into account the nature of allegation and the role ascribed to the Petitioners, 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.

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

(V. NARASINGH) Signature Not Verified Judge

Digitally Signed Santoshi

Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Jul-2025 19:21:13

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