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2025 DAILYLAW 5898 (ORI)

TAPAS MAHALIK v. STATE OF ODISHA

ABLAPL/4877/2026 · 2026-05-04

V Narasingh

Transfer Petitionbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4877 of 2025 1. Tapas Mahalik 2. Bbhanumati Mahalik @ Sanjulata Mahalik …. Petitioners Mr. S. Senapati, Advocate -versus- State of Odisha …. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 04.05.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.521 of 2026 pending on the file of learned J.M.F.C., Soro, arising out of Anantpur P.S. Case No.43 of 2026 for commission of offences punishable under Sections 126(2)/296/115(2)/118(1)/109(1)/3(5)/351(2) of BNS. 3. At the outset, it is submitted by the learned counsel that ABLAPL in respect of Petitioner No.1 (Tapas Mahalik) has been rendered infructuous since he has been taken to custody. As such, the ABLAPL is confined to Petitioner No.2. p. 2 4. Referring to the counter FIR, it is submitted by the learned counsel that exaggerated allegations have been made and reference in this regard is also made to the injury report indicating that the injuries are simple in nature. Hence, Petitioner No.2 may be protected by pre-arrest bail. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. Considering the nature of allegations and that the Petitioner No.2 is a lady, it is directed that in the event of arrest of the Petitioner No.2 (Bbhanumati Mahalik @ Sanjulata Mahalik) in connection with the aforesaid case, she shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that she will cooperate with the investigation. 7. Violation of any of the above condition(s) shall entail cancellation of bail. 8. Accordingly, the ABLAPL stands disposed of. 9. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha