p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3172 of 2026 1. Babu Swain 2. Sipa Barik …. Petitioners Mr. S. K. Bhanjadeo, Advocate -versus- State of Odisha …. Opposite Party Mr. M. R. Mohanty, AGA BLAPL No. 3435 of 2026 Rudra Nahak …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. M. R. Mohanty, AGA BLAPL No. 3443 of 2026 Raja Pahan …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. M. R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH p. 2 Order No. ORDER 04.05.2026 01. 1. Since all the BLAPLs relate to the same FIR, on the consent of the parties, they are taken up together for consideration and disposed of by this common order. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners are accused in connection with G.R. Case No.392 of 2026 pending on the file of learned J.M.F.C, Khallikote, arising out of Khallikote P.S. Case No.134 of 2026 for commission of offence alleged under Sections 310(4) of BNS, 2023 r/w Section 25(1-AAA) of Arms Act and Sections 3/5 of E.S. Act. 4. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications of the Petitioners relating to the aforementioned P.S. cases is pending in any other Court. 5. Being aggrieved by the rejection of their application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions Judge, Khallikote by order dated 24.03.2026, the present BLAPLs have been filed. 6. The allegation against the present Petitioners is that while performing night patrolling at about 2:30 A.M., the Police Authorities got information that some culprits had assembled at Badaghat for committing dacoity on vehicles flying in the National Highway. On p. 3 reaching the spot though the Petitioners made a valiant attempt to escape, the Petitioners were apprehended and there was seizure of swords and bombs and on the basis of which Khallikote P.S. Case No.134 of 2026 pending in the file of learned JMFC, Khallikote for commissions of offences 310(4) of BNS, 2023 r/w Sec. 25(1-A) of Arms Act / Sec. 3 & 5 E.S. Act. 7. It is stated at the Bar that except Petitioner No.2 in BLAPL No.3172 of 2026 all other Petitioners have criminal proclivity. 8. Considering the nature of implication and that the investigation is continuing, this Court is not inclined to entertain the applications of Petitioner No.1 (Babu Swain) in BLAPL No.3172 of 2026 as well as the Petitioners (Rudra Nahak and Raja Pahan respectively) in BLAPL Nos.3435 and 3443 of 2026. 9. The Petitioner No.1 in BLAPL No.3172 of 2026 as well as the Petitioners in BLAPL Nos.3435 and 3443 of 2026 are at liberty to move the learned Court in seisin after filing of charge sheet. If such applications are moved, same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 10 So far as the BLAPL in respect of Petitioner No.2 (Sipa Barik) in BLAPL No.3172 of 2026 is concerned, taking into account that he is a young man of 20 years and stated to be the first offender, this Court directs the said Petitioner No.2 to be released on bail on such p. 4 terms to be fixed by the learned Court in seisin so as to ensure his presence during the trial subject to verification of criminal antecedents. If it comes to the fore that the said Petitioner has any criminal antecedent, this order shall not be given effect to. 11. Additionally, it is directed that the said Petitioner shall appear before the jurisdictional Police Station once a month till submission of the final form. Certification of such appearance shall be submitted to the learned Court in seisin. 12. It is also directed that the said Petitioner shall not in any way try to meddle with the ongoing investigation. 13. Leave is granted to the prosecution to seek variance of this order, if there is any violation. 14. Accordingly, the BLAPLs stand disposed of. 15. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Jina