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2026 DAILYLAW 17852 (ORI)

SWADHIN BHARAT MALLLICK v. STATE OF ODISHA

ABLAPL/4470/2026 · 2026-05-19

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4470 of 2026 Swadhin Bharat Mallick & others …. Petitioners Mr. R.N. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.05.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Soro P.S. Case No.896 of 2025 corresponding to C.T. Case No.1735 of 2026 pending in the file of learned J.M.F.C., Soro on the grounds stated therein. 3. Perused the FIRs as at Annexures-1 & 2 series. Mr. Rout, learned counsel for the petitioners submits that petitioner No.3 is a minor aged about 17 years, who is a victim of sexual assault as per the FIR i.e. Annexure-2 series lodged. With such allegation made against the brother of the informant, the further submission is that false allegation has been made in the FIR i.e. Annexure-1 in order to harass the family of petitioner No.3 and hence, considering the same, the petitioners should be allowed to go on bail with conditions. 4. Recorded the objection of Mr. Panda, learned ASC for the State. Page 2 of 3 5. This Court finds that both sides lodged FIR against each other. The petitioners belong to one family, as informed to the Court. It is submitted by Mr. Rout, learned counsel that petitioner Nos.1 & 2 are the parents of petitioner No.3, whereas, petitioner Nos.4 & 5 are her grandparents. The alleged incident has been narrated in the report. From the FIR, it is made to suggest that there is enmity between the parties and in that connection, the alleged incident took place. Considering the nature of allegations revealed and though an offence under Section 303 BNS is alleged and petitioner No.1 is responsible for the sexual mischief, this Court is inclined to grant liberty to him to surrender before the learned court below for being released on bail with conditions. This Court is, however, of the view that the other petitioners should be released on bail in the event of arrest subject to conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, petitioner No.1 surrenders before the learned J.M.F.C., Soro in connection with Soro P.S. Case No.896 of 2025 corresponding to C.T. Case No.1735 of 2026 within a period of three weeks from today, he shall be released on bail upon furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not pick up any quarrel with the informant’s family while on bail. As regards petitioner Nos.2 to 5, this Court directs that in the event their arrest, they shall be released on bail by the Arresting Officer on similar terms and conditions furnishing an undertaking that all of them and petitioner No.1 shall co-operate the IO in the investigation as and when summoned. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok