ABLAPL/7699/2026 of PRATAP TARAI Vs STATE OF ODISHA on 25 August 2026

ORDER

25.08.2026

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

2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.581 of 2026 pending on the file of learned JMFC, Aul, Kendrapara arising out of Aul P.S. Case No.240 of 2026 for commission of offences punishable under Sections 109, 115(2), 296, 3(5), 351(3), 74 and 79 of BNS, 2023.

3. It is submitted by the learned counsel that exaggerated allegations have been made so far as the accusation, inter alia, relating to Section 109 of BNS is concerned.

It is further submitted by the learned counsel that the entire prosecution case is accepted at its face value and the overt act is attributed to Petitioner Nos.3 & 4, out of whom Petitioner No.4 is stated to be a juvenile. Hence, they may be protected by pre- arrest bail.

4. Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail.

5. Learned counsel for the informant submits that taking into account the seat of the injury though categorized as simple, on the basis of the instructions submitted by the learned counsel for the State, no leniency ought to be shown.

6. Considering the rival submissions, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.3. However, it is directed that the Petitioner No.3 (Susanta Tarai @ Sushant Kumar Tarai) may surrender before the learned JMFC, Aul, Kendrapara 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, Aul, Kendrapara on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned JMFC, Aul, Kendrapara, the said Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the said Petitioner on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the said Petitioner and learned JMFC, Aul, Kendrapara is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

The forums below are requested to verify the criminal antecedents of the Petitioner.

8. So far as the ABLAPL in respect of Petitioner No.4 is concerned, taking into account that the Petitioner No.4 (Subhankar Tarai) is stated to be a juvenile in conflict with law, it is directed that in the event of production before the Principal Magistrate, Juvenile Justice Board, consequential steps in accordance with Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 shall be taken with the rider that the Petitioner shall establish his age in accordance with the provisions as contained in Juvenile Justice (Care and Protection of Children) Act, 2015.

9. So far as the ABLAPL in respect of Petitioner Nos.1, 2 & 5 is concerned, 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 Petitioner Nos.1, 2 & 5 (Pratap Tarai, Sukanti Tarai and Sidheswar Tarai respectively) 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.

10. If it comes to the fore that the Petitioner Nos.1, 2 & 5 have any such criminal antecedent, this order shall not be given effect to.

11. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

12. Accordingly, the ABLAPL stands disposed of.

13. U.C.C. as per rules.

(V. NARASINGH)

Judge

Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2026 12:01:32 Signature Not Verified