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1922 DAILYLAW 1 (ORI)

ASHOK TIRKI v. STATE OF ODISHA

ABLAPL/1922/2026 · 2026-04-07

R K Pattanaik

body1922

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1922 of 2026 Ashok Tirki & another …. Petitioners Mr. S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with O.R. Case No.10 BL of 205-26 corresponding to 2(b) C.C. Case No.01 of 2026 pending in the court of learned J.M.F.C., Barbil on the grounds stated. 3. Perused the offence report as at Annexure-1. Two other accused persons caught at the spot while transporting Manganese ore have been released on bail vide Annexure-2 by the order of the learned J.M.F.C., Barbil dated 22nd January, 2026 as informed today. Mr. Das, learned counsel for the petitioners submits that the present accused persons are not involved in the alleged transportation but apprehend arrest in the hands of the local police in connection with 2(b) C.C. Case No.01 of 2026, hence, have approached this Court for protection. The offence report reveals the details of recovery and seizure and the manner in which it was accomplished and admittedly, it was in the immediate presence of the other two accused, namely, Md. Rafik and Nirmal Naik. The petitioners’ involvement is alleged and according to Mr. Das, learned counsel, it is apparently based on the disclosure of the other accused persons arrested by the police. Recorded the objection of the State. In view of release of the above named accused persons in the meantime and absence of the petitioners at the spot and the plea that none of them is having any similar antecedent, this Court though not in favour of considering their plea for pre-arrest bail but is inclined to direct both to surrender before the learned court below for being released with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Barbil within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with 2(b) C.C. Case No.01 of 2026 on furnishing bail bonds of Rs.50,000/- (rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case and also subject to verification of criminal antecedents. 6. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT