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2026 DAILYLAW 14944 (ORI)

BIJOY KUMAR ROUT v. STATE OF ODISHA

ABLAPL/3077/2026 · 2026-05-04

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3077 of 2026 Bijoy Kumar Rout & another …. Petitioners Mr. Chitta Ranjan Kanungo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.05.2026 09. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Kendrapara Sadar P.S. Case No.129 of 2026 corresponding to G.R. Case No.444 of 2026 pending in the file of learned S.D.J.M., Kendrapara on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. Mr. Kanungo, learned counsel for the petitioner would submit that the names of the present accused persons are not mentioned in the FIR and not even by the informant in his statement recorded under Section 180 BNSS and therefore, they should be allowed to go on bail as apprehending arrest in the hands of the local police for the confessional statement of the co-accused, namely, Subham Jena. A copy of the said statement of the co-accused above named is produced by Mr. Kanungo, learned counsel at the time of hearing and the same is also gone through. Mr. Panda, learned ASC for the State submits that the petitioner’s apprehension is misconceived since, their names do not appear in the FIR and therefore, the ABLAPL is not maintainable. In response to the above, Mr. Kanungo, learned counsel would submit that such apprehension of the petitioners is not entirely misplaced for the confessional statement of the other accused, who has been released on bail in the meantime. On perusal of the FIR, the Court finds that there is allegation of extortion by the accused, namely, Subham Jena, who was arrested and stated to be on bail. Considering the above facts and submissions of learned counsel for the respective parties and the fact that the petitioners’ names do not find place in the FIR but both apprehend arrest for the disclosure made by the co-accused pending investigation, this Court recording the claim that none is having any antecedent is inclined to direct them to surrender before the Court below for being released with conditions, even though not in favour of entertaining their pre-arrest bail plea. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned S.D.J.M., Kendrapara within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.444 of 2026 arising out of Kendrapara Sadar P.S. Case No.129 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the 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. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT