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2026 DAILYLAW 15151 (ORI)

RABINDRA DAS v. STATE OF ODISHA

ABLAPL/4961/2026 · 2026-05-05

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL Nos.4846 of 2026 & 4931 of 2026 Pitambar Giri @ Kuna …. Petitioner Mr. B.B. Swain, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.4938 of 2026 Durga Charan Marndi & others …. Petitioners Mr. Sidhartha Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC And ABLAPL No.4961 of 2026 Rabindra Das …. Petitioner Mr. S.K. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC p. 2 CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.05.2026 01. 1. All the ABLAPLs are disposed of by the following common order on the consent of the learned counsel for the parties. 2. Heard learned counsels for the petitioners and learned ASC for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioner in ABLAPL Nos.4846 of 2026 & 4931 of 2026 in connection with Rasgovindpur P.S. Case Nos.204 of 2026 corresponding to C.T. Case Nos.198 of 2026 and the petitioners in ABLAPL Nos.4938 of 2026 & 4961 of 2026 in Rasgovindpur P.S. Case No.205 of 2026 corresponding to C.T. Case No.199 of 2026 pending in the file of learned J.M.F.C., Rasgovindpur on the grounds stated therein. 4. Perused the FIRs lodged. It is submitted to the Court that the petitioners are involved in the protest of the death of a girl student in the school in question in the district of Mayurbhanj and in that connection, the alleged mischief has been committed. It is also submitted that no police officials received any injury nor any damage caused to the public property as a result of agitation and therefore, the petitioners should be allowed to go on bail with any conditions. Recorded the objection of Mr. Panda, learned ASC for the State. No doubt, the names of the petitioners are revealed from the FIR as the agitators and said to have caused obstruction in due p. 3 discharge of duty by the local P.S officials. It is informed to the Court that the petitioners are not having any antecedents. The FIR reveals that nearly 50 persons had congregated unlawfully and blocked the public road and indulged in other overt acts narrated in the FIR. Considering the above facts and the submissions of the learned counsels for the respective parties, the petitioners having participated in a protest which ultimately turned violent and though there has been damage of a door of the concerned school, this Court is inclined to direct them to surrender before the learned court below for being released with conditions even though they are not entitled to pre-arrest bail as has been demanded. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C., Rasgovindpur in connection with Rasgovindpur P.S. Case Nos.204 of 2026 & 205 of 2026, corresponding to C.T. Case Nos.198 of 2026 & 199 of 2026 respectively, they shall be released on bail subject to them 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 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, they shall submit undertakings that all of them shall not be involved in similar criminal activities in future. p. 4 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok