IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.754 of 2026 Pramod Kumar Nayak …. Petitioner Mr. L. Achari, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.05.2026 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 Sorada P.S. Case No.166 of 2025 corresponding to G.R. Case No.322 of 2025 pending in the file of learned J.M.F.C., Sorada on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court by Mr. Achari, learned counsel for the petitioner that some of the co-accused persons are on bail in BLAPL No.9062 of 2025 dated 22nd September, 2025. A copy of the said order is submitted to the Court at the time of hearing. It is further submitted that the name of the petitioner is not mentioned in the FIR but he has chargesheeted along with others and considering the circumstances under which the alleged incident took place and involvement of a group of men, the petitioner should be allowed to go on bail especially subsequent to the order in the BLAPL dated 22nd September, 2025. It is also submitted that there was no pre-plan and the overt acts have been committed suddenly though there has been a death, hence, the petitioner should be allowed to go on bail. Recorded the objection of Mr. Lenka, learned ASC for the State referring to the case diary, statements of the witnesses examined during investigation under Section 180 BNSS. It is informed to the Court that the chargesheet is filed on 13th July, 2025. Admittedly, the petitioner is one among the accused persons chargesheeted for an offence under Section 103(1) BNSS but in the meantime, co-accused persons have been granted bail by this Court in the BLAPL disposed of in the month of September, 2025. The name of the petitioner is revealed by the witnesses examined under Section 180 BNSS. Besides the petitioner, others are also alleged to have participated in the incident. Nearly 20 persons committed the overt acts and the petitioner is alleged to be one among them. Apart from the deceased, others have received injuries as well for the assault. Considering the above facts and release of the co-accused persons with the order in the BLAPL and the fact that the deceased was assaulted during and in course of events when he intervened, this Court is of the view that even though it is not a case for grant of pre-arrest bail but the petitioner should instead be directed to surrender before the learned court below for being released with conditions all the more when the investigation is concluded. 4. Accordingly, it is ordered. Page 3 of 3 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C., Sorada in connection with G.R. Case No.322 of 2025 corresponding to Sorada P.S. Case No.166 of 2025 within a fortnight from today, he shall be released with conditions upon furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount with other conditions imposed as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not influence any of the material witnesses connected to the case, while on bail. In case, any of the conditions is imposed is/are violated, it shall entail cancellation of the bail granted to petitioner without reference to this Court. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU