Mamata Tripathy Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Mamata Tripathy Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined for Petitioner No.5 (Rajendra Narayan Kar), whose regular bail application on surrender is to be considered on its own merit; Petitioner Nos. 1, 2, 3, 4 and 6 directed to be released on bail by the learned Court in seisin upon surrender within three weeks and moving for bail, subject to verification of criminal antecedents of similar nature (order inoperative if such antecedents exist), and to cooperate with the ongoing investigation; ABLAPL disposed of.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.716 of 2025 (arising out of Sabrang P.S. Case No.75 of 2025) for offences punishable under Sections 126(2), 115(2), 118(1), 296, 351(3), 3(5) of BNS.

Court's answer

This Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.5 (Rajendra Narayan Kar).

Ratio / Principle

In the event Petitioner No.5 (Rajendra Narayan Kar) surrenders before the learned Court in seisin and moves an application for his release on bail, the same shall be considered on its own merit.

Key takeaways

Petitioner Nos. 1, 2, 3, 4 and 6 (Mamata Tripathy, Ganesh Chandra Tripathy, Goutam Nanda, Radhakanta Nanda and Kamalakanta Kar), on surrendering within three weeks hence and moving for bail, 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.ratio¶¶25
If it comes to fore that Petitioner Nos. 1, 2, 3, 4 and 6 have any such criminal antecedent of similar nature, this order shall not be given effect to.ratio¶¶25
Petitioner Nos. 1, 2, 3, 4 and 6 shall cooperate with the ongoing investigation.

Detailed headnote1 paragraphs

Anticipatory bail (ABLAPL No.4008 of 2025, High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 09.10.2025) arising out of Sabrang P.S. Case No.75 of 2025 / G.R. Case No.716 of 2025 (SDJM, Bhadrak) for offences under Sections 126(2), 115(2), 118(1), 296, 351(3), 3(5) BNS. Pre-arrest bail not entertained for Petitioner No.5 (Rajendra Narayan Kar); he may surrender and seek release on bail, to be considered on its own merit. Petitioner Nos. 1, 2, 3, 4 and 6 (Mamata Tripathy, Ganesh Chandra Tripathy, Goutam Nanda, Radhakanta Nanda and Kamalakanta Kar) directed to be released on bail by the learned Court in seisin upon surrender within three weeks and moving for bail, subject to verification of criminal antecedents of similar nature; if such antecedents surface, the order shall not be given effect to. Petitioners to cooperate with the ongoing investigation. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4008 of 2025

1. Mamata Tripathy

Petitioners

2. Ganesh Chandra Tripathy

3. Goutam Nanda

4. Radhakanta Nanda

5. Rajendra Narayan Kar

6. Kamalakanta Kar

Mr. B.K. Das, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S. Panda, ASC

CORAM: JUSTICE V. NARASINGH ORDER

09.10.2025

Order 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.716 of 2025 pending on the file of learned SDJM, Bhadrak, arising out of Sabrang P.S. Case No.75 of 2025 for commission of offences punishable under Section 126(2), 115(2), 118(1), 296, 351(3), 3(5) of BNS.

Learned counsel for the State opposes such prayer.

This Court perused the materials on record.

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Considering the same, this Court is not inclined to entertain the application for prearrest bail in respect of the Petitioner No.5 (Rajendra Narayan Kar). However, in the event the Petitioner No.5 (Rajendra Narayan Kar) surrender before the learned Court in seisin and moves an application for his release on bail, the same shall be considered on its own merit.

So far as the Petitioner Nos. 1,2,3,4 and 6 (Mamata Tripathy, Ganesh Chandra Tripathy, Goutam Nanda, Radhakanta Nanda & Kamalakanta Kar) are concerned, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner Nos. 1,2,3,4 and 6 (Mamata Tripathy, Ganesh Chandra Tripathy, Goutam Nanda, Radhakanta Nanda & Kamalakanta Kar) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification criminal antecedent of similar nature. 7. If it comes to fore that the Petitioner Nos. 1,2,3,4 and 6 (Mamata Tripathy, Ganesh Chandra Tripathy, Goutam Nanda, Radhakanta Nanda & Kamalakanta Kar) have any such criminal antecedent, this order shall not be given effect to.

It is needless to state that the Petitioner Nos.

1,2,3,4 and 6 (Mamata Tripathy, Ganesh Chandra

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Tripathy, Goutam Nanda, Radhakanta Nanda & Kamalakanta Kar) shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of. 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: 10-Oct-2025 13:12:17

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