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2026 DAILYLAW 18330 (ORI)

KABITA HOTA v. STATE OF ODISHA

ABLAPL/1753/2026 · 2026-05-11

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1753 of 2026 Kabita Hota …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.05.2026 04. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Balugaon P.S. Case No.172 of 2022 corresponding to G.R. Case No.375 of 2022 pending in the file of learned J.M.F.C., Chilika on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submission of Mr. Jena, learned counsel for the petitioner. The submission is that the petitioner happens to be the mother-in- law of the deceased and there is no specific allegation against her, hence, should be allowed to go on bail for release of the co-accused persons in the meantime. But the Court finds that the petitioner had earlier approached this Court in ABLAPL No.3611 of 2023 disposed of on 27th April, 2023 denying anticipatory bail. Recorded the submission of Mr. Panda, learned ASC for the State. In view of the earlier rejection p. 2 notwithstanding release of the co-accused persons in the meantime, this Court is not inclined to reconsider the bail plea of the petitioner, however, allows liberty to her to surrender before the learned court below demanding bail pleading parity and in case of rejection to approach the Sessions Court. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the liberty in favour of the petitioner to surrender before the learned J.M.F.C., Chilika within a fortnight from today and in the event, she moves an application for regular bail, it shall be entertained in connection with G.R. Case No.375 of 2025 corresponding to Balugaon P.S. Case No.172 of 2022 and disposed of during the first hour and in case rejected, she shall approach the Sessions Court for orders on the same day. The Court further directs that any such plea of parity shall be considered by the learned courts below while disposing the bail applications of the petitioner. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU