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2025 DAILYLAW 2209 (ORI)

SRIKANTA ROUT v. STATE OF ODISHA

ABLAPL/14508/2025 · 2026-04-16

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14508 of 2025 Srikanta Rout …. Petitioner Mr. L. Pradhan, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 04. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Sukinda P.S. Case No.266 of 2025 corresponding to C.T. Case No.633 of 2025 pending in the court of learned G.N.-cum- JMFC, Sukinda on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted by Mr. Pradhan, learned counsel for the petitioner that the present accused is not involved in committing the alleged mischief. It is claimed that someone else opened a Facebook account in the name of the petitioner and did the mischief and considering the same and since there is political rivalry between both the sides, he should be allowed to go on bail with conditions. Mr. Panda, learned counsel for the State on the other hand submits that the investigation has revealed the involvement of the petitioner. It is claimed that the informant has two Facebook accounts, whereas, the petitioner created a fake one with a profile impersonating himself and thereafter released filthy and p. 2 abusive outrage against him and his wife. It is submitted to the Court that for the alleged mischief, the petitioner is liable for an offence punishable under Section 67 of the I.T. Act with a maximum imprisonment of three years for first offence and therefore, the petitioner should not be granted bail. It is informed to the Court that the petitioner does not have any similar antecedent. It is rather claimed that the petitioner is a first-time offender and therefore, he is entitled to pre-arrest bail. Considering the above facts and submissions of learned counsel for the respective parties and since there has been a fake account in the Facebook opened by an unknown person, subsequently, revealed it to be the petitioner and therein, the informant and his wife were abused in obscene language with abusive remarks posted even against other dignitaries of the locality, this Court is of the view that there is no case for pre- arrest bail made out but being a first-timer, he should be directed to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned G.N.-cum-JMFC, Sukinda within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with C.T. Case No.633 of 2025 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount 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 p. 3 circumstances of the case besides the following, such as, he shall not commit any such similar mischief in future and to furnish an undertaking in the local P.S. in that regard and to report the I.O. once in a fortnight for the purpose of investigation and to continue to do so at least for a period of three months or till its closure, whichever is earlier. It is made clear that if any of the conditions imposed by the learned court below besides the one directed hereinabove, it shall entail cancellation of bail granted to the petitioner without reference to this Court. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT