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2026 DAILYLAW 18878 (ORI)

MAHAMMAD GULAM RASUL v. STATE OF ODISHA

BLAPL/3445/2026 · 2026-05-18

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3445 of 2026 Mahammad Gulam Rasul & Anr. ..... Petitioners Represented By Adv. - Adisha Mohanty -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. U.C.Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 18.05.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 483 of B.N.S.S. filed by the Petitioners for bail in connection with Malkangiri PS Case No.101 of 2026 dated 20.02.2026, corresponding to G.R Case No.118 of 2026 pending in the Court of the learned S.D.J.M., Malkangiri for alleged commission of offence under Section 318 (4), 319 (2), 336, 340, 3(5) & 61 (2) of the B.N.S. read with Sections 66-C and 66-D of the information Technology (Amendment) Act. 4. It is stated by the learned counsel for the Petitioners that the Petitioners are in custody since 01.03.2026. He further submitted in the meantime the investigation has been concluded and the charge Page 2 of 3. sheet has been filed. Learned counsel for the Petitioners further submitted that the Petitioners have been falsely implicated in the present case and that their role in the alleged crime is very specific, inasmuch as they only induced people to open new bank accounts. It was also contended that the Petitioners do not have any criminal antecedent and they belong to the locality, therefore there is no chance of their absconding. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that in the event the Petitioners are released on bail, there is a possibility that they might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioners be rejected at this juncture. 6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 7. It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent. In the event it is found Page 3 of 3. that the Petitioners are having any criminal antecedent, this bail order shall automatically stand revoked. 8. BLAPL is accordingly disposed of. 9. Issue urgent certified copy as per Rules. (A.K. Mohapatra) Judge Rubi