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2026 DAILYLAW 11331 (ORI)

KALPATARU DAS v. STATE OF ODISHA

ABLAPL/895/2026 · 2026-02-11

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.895 of 2026 Kalpataru Das & others …. Petitioners Mr. D.K.Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K.Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.02.2026 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Mahakalapada P.S. Case No.266 of 2025 corresponding to G.R. Case No.1822 of 2025 pending in the court of learned S.D.J.M., Kendrapara on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioners had earlier approached this Court in ABLAPL No.11885 of 2025 disposed of on 17th October, 2025 allowing them to surrender and to go on bail subject to verification of criminal antecedents. Today, it is submitted by the learned counsel for the petitioners that the petitioners are having two more criminal cases registered after the FIR was lodged in the month of September, 2025. It is claimed that there is a long-standing dispute between the parties. The copies of the FIRs are produced by the learned counsel for the petitioners at the time of hearing. The same are gone through but in fact, one of the FIRs as revealed was lodged on 9th September, 2025, i.e., two days before the Mahakalapada P.S. Case No.266 of 2025 was registered against the petitioners. Recorded the objection of the learned counsel for the State. This Court finds that petitioner Nos.2 to 4 are female members of the family. The allegation is that the petitioners did the mischief by spreading poison in a local pond and as a result, the cultivated fish died. Having regard to the nature of dispute and for the FIRs to have been lodged against each other and the fact that the petitioners had been allowed to go on bail but could not comply the order of the ABLAPL on account of having antecedents, this Court is inclined to direct them to surrender once again during the extended period for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned S.D.J.M., Kendrapara in connection with Mahakalapada P.S. Case No.266 of 2025 corresponding to G.R. Case No.1822 of 2025 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety each for the like amount with other conditions imposed besides the following, such as, they shall not pick up any quarrel or fight with other side, while on bail and shall furnish an undertaking to that effect at the local P.S. It is further directed that the above order shall not be given effect to in respect of petitioner Nos.1 and 5, in the event, it is found that they are having more than three antecedents including the present one. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge M.K.Rout