Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2128 of 2026 Alok Rout & Ors. …. Petitioner(s) Mr. Achyutananda Pattanaik, 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 Banpur P.S. Case No.480 of 2025, corresponding to G.R. Case No.714 of 2025, pending in the Court of learned J.M.F.C., Banpur for the alleged commission of offences punishable under Sections 109/115(2)/126(2)/140(3)/296/ 303(2)/351(3)/3(5) of the BNS read with Section 25 of the Arms Act, has filed this petition under Section 482 of the BNSS for release on pre-arrest bail. 4. The prosecution case, in brief, is that the complainant reported that on 17.12.2025 around 6:50 PM, while returning in a Bolero with companions after picking up recently Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Apr-2026 11:28:37 Signature Not Verified p. 2 released villagers from Banpur Jail, their vehicle was stopped near Bhagabati Temple, Banapur by the accused and 25–30 associates. The group, armed with firearms and weapons, threatened the driver, assaulted Alok Rout and Deepak Palai with swords, abducted Swadhin Jali and damaged the vehicle. They also snatched mobile phones and a gold chain. The injured victims were taken to CHC Balugaon and later referred for advanced treatment. Swadhin Jali was released later that night after being assaulted and is currently hospitalized. 5. Learned counsel for the Petitioners submits that the alleged offences under Sections 126(2), 115(2), 109, 140(3), 296, 303(2), 351(3), and 3(5) of BNS read with Section 25 of the Arms Act are not made out. There are no specific allegations, particularly regarding the alleged assault. The FIR has been falsely lodged at Banpur Police Station due to past enmity and political rivalry. Following the FIR, the police are attempting to apprehend the Petitioners. The Petitioners are ordinary, law-abiding individuals and would suffer undue hardship if taken into custody. 6. Learned counsel for the Petitioners further contends that the petitioners are permanent residents within the jurisdiction of Banpur Police Station, District Khurda and there is no likelihood of their absconding or tampering with evidence. Page 3 of 4
7. Learned counsel for the State opposes the prayer for pre- arrest bail. 8.
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. 9. 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; p. 4 v. The Petitioners shall furnish adequate bail bonds to the satisfaction of the Arresting Officer. 10. Violation of any of the above conditions shall entail cancellation of bail. 11. The ABLAPL application is accordingly allowed and
disposed of.
12. Urgent certified copy of this order be granted as per Rules.
(Dr. Sanjeeb K Panigrahi) Judge
Sipun