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2026 DAILYLAW 152 (ORI)

RAMAKANTA KHATUA v. STATE OF ODISHA

ABLAPL/1638/2026 · 2026-03-23

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1638 of 2026 Ramakanta Khatua …. Petitioner Mr. A.N. Samantaray, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 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 Jagatsinghpur P.S. Case No.04 of 2026 corresponding to G.R. Case No.12 of 2026 pending in the file of learned S.D.J.M., Jagatsinghpur on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The co-accused, namely, Deepak Kumar Das @ Deepak Das is stated to be on bail pursuant to the Court’s order in ABLAPL No.1029 of 2026 dated 17th February, 2026. It is claimed that the petitioner is similarly situated like the above named accused, hence, parity should be extended. Learned counsel for the State, however, objects to the release of the petitioner referring to the statement of the informant that he was in ICU. But the other accused persons since released vide ABLAPL No.1029 of 2026 as at Flag-A and it was on the premise of no grievous injury received by the victim, this Court is inclined to apply parity and directs release of the petitioner with stringent conditions upon his surrender before the learned court below instead of granting him pre-arrest bail, as has been demanded by him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned S.D.J.M., Jagatsinghpur in connection with Jagatsinghpur P.S. Case No.04 of 2026 corresponding to G.R. Case No.12 of 2026, he shall be released on bail subject to him furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one solvent surety 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 and not to commit any mischief involving the informant. The above order, as is further directed, shall be given effect to subject to verification and absence of any grievous injury received by the victim. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok