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2026 DAILYLAW 15564 (ORI)

SUSANT KUMAR MALLICK v. STATE OF ODISHA

ABLAPL/5603/2026 · 2026-05-22

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5603 of 2026 Susant Kumar Mallick & Ors. ..... Petitioners Represented by Adv. - Lagnajit Pattnaik -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. S.K.Parhi, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 115(2), l18(1), 126(2), 3(5), 324(4), 351(2), 74 and 76 of the B.N.S, of the B.N.S. in C.T. Case No.966 of 2026 in the Court of learned S.D.J.M., Jajpur arising out of Kuakhia P.S. Case No.200 of 2026. 4. Learned counsel for the Petitioners, at the outset, submitted that there exists a dispute between the Petitioners and the informant group. A tussle took place between the two groups as a result of which both sides have sustained minor injuries. He further Page 2 of 3. contended that so far as the present case is concerned, the injured has not sustained any grievous injury. He further submitted that the Petitioners belong to the locality and they do not have any criminal antecedents. On such ground, learned counsel for the Petitioners contended that the released the Petitioners on pre-arrest bail. 5. Learned counsel for the State on the other hand objected to the release of the Petitioners on pre-arrest bail on the ground of gravity and seriousness of the allegation. He submitted that since the investigation is continuing, the release of the Petitioners at this stage is bound to delay the completion of the investigation. As such, it was submitted that the bail application of the Petitioners be rejected at this juncture. 6. At this stage, learned counsel for the Petitioners submitted that the Petitioners do not want to press this bail application and seek liberty to surrender before the court below and move an application for bail. 7. Considering such submissions of the respective counsels, taking note of the prosecution allegation, keeping in view the gravity and seriousness of the allegation, the Petitioners are permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall release the Petitioners on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent and Page 3 of 3. the injury report. In the event, the Petitioners are having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked. 9. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge Rubi