IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3395 of 2026 ABLAPL No. 3413 of 2026 ABLAPL No. 3473 of 2026 ABLAPL No. 3561 of 2026 ABLAPL No. 4062 of 2026 ABLAPL No. 3395 of 2026 Bisesh Jena and another …. Petitioner(s) Mr. D.K. Panda, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC Mr. S.S. Rath, Advocate (Informant) ABLAPL No. 3413 of 2026 Anshuman Pani @ Gudu …. Petitioner(s) Mr. D.K. Panda, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC Mr. S.S. Rath, Advocate (Informant) ABLAPL No. 3473 of 2026 Akash Das …. Petitioner(s) Mr. Gourav Dash, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC Mr. S.S. Rath, Advocate (Informant) ABLAPL No. 3561 of 2026 Deepak Kumar Muduli …. Petitioner(s) Mr. C.R. Satapathy, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC Mr. S.S. Rath, Advocate (Informant) ABLAPL No. 4042 of 2026 Akash Kumar Behera …. Petitioner(s) Mr. Biswajit Nayak, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC Mr. S.S. Rath, Advocate (Informant) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 08.05.2026 02. 1. The petitioners are accused in connection with CDA-2 Cuttack P.S. Case No. 54 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 109(1)/115(2)/118(2)/ 126(2)/189(2)/190 and 3(5) of the BNS, 2023, pending in the court of the learned JMFC-I, Cuttack. 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail applications, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that the complainant alleged before the police station alleging therein that on 01.03.2026 at 10:30 PM while he was buying certain items near Pravata Beetle shop, near Water Treatment Plant, CDA Sector-13 in the meantime one person namely Deepak Kumar Muduli came to the spot and without any reason started misbehaving with him and assaulting him while he was in intoxicated state. The alleged person also hit with fist and kicks then he manages to escape from the spot and residing his friend's house. After that on the intervening night of the same day at around 12 A.M while he was present in his friend's house some persons namely Anshuman @ Gudu, Raj, Pupa, Balia from Bidanasi Nua Sahi and others entered the house and took him to the car forcibly from the roof and started to assault him repeatedly with attempt to kill him. Hence, the case. 4. This Court vide order dated 27.04.2026 passed an interim order directing no coercive action against the petitioners and also directed the State Counsel to obtain the case diary and antecedents of the petitioners by the next date. 5. Ms. S. Devi, learned counsel for the State has placed on record the written instruction furnished by the S.I., CDA Phase-II, Cuttack UPD dated 08.05.2026 disclosing as under:- “With reference to the subject and letter cited above I have the honour to submit that I verified the C/A of below accused persons namely Bisesh Jena, Subhranshu Mohanty, Anshuman Pani @ Gudu, Akash Das, Deepak Kumar Muduli and Akash Kumar Behera through CCTNS portal along with our PS record and found their involvement in the following cases except this PS Case No. 54/2026. 1. CDA Phase-II PS Case No.63 dt:15.03.2026 U/S 329(4)/292/296(b)/ 351(3)/3(5) of BNS.” 6. Since after registration of the present case on 02.03.2026 and during pendency of the present bail applications the petitioners are involved in one more case alleged to have committed the offence punishable under sections 329(4)/292/296(b)/351(3)/3(5) of BNS, which has been registered on 15.03.2026 as CDA Phase-II P.S. Case No.63 of 2026, they are not entitled to be protected by this Court for pre-arrest bail. Accordingly, the bail applications are rejected. However, it is open for the petitioners to move the learned trial court and file appropriate application for regular bail. If such application is filed, the same shall be considered by the courts below on the same day. It is open for the petitioners to urge all the grounds, as has been urged before this Court, including the ground of parity. It is expected that the learned trial court while considering the application of the petitioners shall consider the grounds as urged by the petitioners. Learned counsel for the petitioners has brought to the notice of the Court that the accused Bisesh Jena and Anhuman Pani continuing their study. Therefore, it is open for them to move interim application for bail before the learned trial court, if their bail applications are not decided by the learned trial court on the same day. 7. With the aforesaid observations, the ABLPLs are disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA