p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.820 of 2026 Bhabagrahi Digal …. Petitioner Mr. D.J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.K. Sahu, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Gochhapada P.S. Case No.49 of 2024 corresponding to C.T.(N) Case No.74 of 2024 pending in the file of learned Special Judge, Phulbani, Kandhamal on the grounds stated therein. 3. Perused the FIR and the chargesheet i.e. Annexure-1. A copy of the judgment in C.T. No.74 of 2024 is at Annexure-2. The petitioner was earlier allowed to go on bail by this Court’s order in ABLAPL No.11903 of 2025 dated 22nd December, 2025. Learned counsel for the petitioner, however, submits that the petitioner could not avail the benefit of the above order for having criminal antecedents as such release was subject to absence of no criminal cases against him. It is submitted that the petitioner is having four criminal cases to his credit, however, are not in similar nature and therefore, such a p. 2 condition as imposed earlier should be dispensed with. It is submitted to the Court that the petitioner had approached this Court in I.A. No.65 of 2026 seeking modification of the above condition but the same was disposed of on 15th January, 2026 with the liberty granted to him to renew his prayer for filing of fresh application, hence, the ABLAPL. In view of Annexure-2, the order of acquittal, the petitioner was granted bail by this Court vide ABLAPL No.11903 of 2025 disposed of on 22nd December, 2025 but the petitioner having criminal antecedents, he could not surrender before the learned court below to go on bail. It is further submitted that there are three Excise cases and one criminal case under the POCSO Act pending against the petitioner. The further claim is that the petitioner has married the victim in the POCSO case. The submission is that there is no similar antecedent and therefore, the petitioner should be directed to surrender and allowed to go on bail with any other terms and conditions as considered just and proper in the interest of justice. 4. Recorded the objection of the State. 5. Having regard to the order in ABLAPL No.11903 of 2025 and direction for the petitioner to surrender before the court concerned and since he had approached with an I.A. seeking modification of the above condition but liberty was granted to renew his prayer for bail, under the above circumstances, it would be justified in case he is directed to be released with suitable conditions other than the condition earlier imposed on antecedent . p. 3 6. Accordingly, it is ordered. 7. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned Special Judge, Phulbani, Kandhamal within a fortnight from today, he shall be released on bail in connection with Gochhapada P.S. Case No.49 of 2024 corresponding to C.T.(N) Case No.74 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the learned 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 besides the following, such as, he shall cooperate the I.O. in the investigation without default. It is further directed that the above order shall be given effect to, as is further directed, only upon verification and confirmation that the petitioner has no other antecedents except the four criminal cases as is claimed at present. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok