IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2156 of 2026 Brundabana Behera & Ors. …. Petitioner(s) Mr. Bhabani Shankar Dasparida, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Raj Bhusan Dash, ASC CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 21.04.2026 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners, apprehending their arrest in connection with Manamunda P.S. Case No.186 of 2024, corresponding to C.T. Case No.300 of 2024, pending in the Court of learned J.M.F.C., Kantamal for the alleged commission of offences punishable under Sections 147/341/294/323/307/427/431/332/ 353/506/109 of the I.P.C., Section 25(1-A) of the Arms Act, 1959 along with Section 3 of P.D.P.P. Act, 1984 and Section 7 of the Criminal Law (Amendment) Act, 2013 have filed this petition under Section 482 of the BNSS for release on pre- arrest bail. Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2026 11:28:36 Signature Not Verified 4. The prosecution case, in brief, is that on 20.05.2024, during the General Election 2024 in Kandhamal Lok Sabha Constituency, polling was underway at Maheswarpindha U.P. School (Booth No.28). Due to alleged booth capturing by certain miscreants, the polling process was stopped by the Sector Officer. It is alleged that thereafter the BJP candidate Kanhei Dauga along with the present Petitioners and about 300 others formed an unlawful assembly, abused polling staff and police personnel, obstructed movement, attempted to snatch EVMs and assaulted police personnel. 5. Learned counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the present case. It is contended that the FIR does not disclose the essential ingredients of the alleged offences so far as the Petitioners are concerned. 6. It is further contended that the Petitioners are members of the BJP. On the alleged date, while the election process was ongoing, members of the BJD party, in association with certain anti-social elements, unnecessarily created a nuisance at Booth No.28. The Petitioners merely opposed such actions in order to prevent any untoward incident. However, the informant, being biased and influenced by rival political leaders, has intentionally and deliberately lodged the present FIR, falsely implicating the Petitioners on vague and baseless allegations, solely with the intention to harass them. 7. It is further contended that the allegations are vague, omnibus in nature and have been made with mala fide intention at the instance of political rivals to harass and malign the Petitioners. It is also submitted that since the Petitioners are permanent resident under Manamunda Police Station, there is no likelihood of their absconding or tampering with evidence. 8. Learned counsel for the State opposes the prayer for pre- arrest bail. 9. Considering the submissions made, the nature of allegations, the absence of specific overt acts attributed to the present Petitioners in the FIR and keeping in view the surrounding circumstances, this Court is of the opinion that the Petitioners have made out a case for grant of pre-arrest bail. 10. Accordingly, it is directed that in the event of arrest of the Petitioners in the aforesaid case, they shall be released on bail on such terms and conditions as the Arresting Officer deems just and proper, subject to the following conditions: i. The Petitioners shall cooperate with the investigation and appear before the Investigating Officer as and when required; ii. The Petitioners shall not directly or indirectly induce, threaten or promise any witness acquainted with the facts of the case; iii. The Petitioners shall not leave the jurisdiction without prior permission of the Court concerned; iv. The Petitioners shall not involve himself in any similar offence; v. The Petitioners shall furnish adequate bail bonds to the satisfaction of the Arresting Officer. 11. Violation of any of the above conditions shall entail cancellation of bail. 12. The ABLAPL application is accordingly allowed and disposed of. 13. Urgent certified copy of this order be granted as per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sipun