IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1849 of 2026 Bishnu Behera and another …. Petitioners Mr. A.N. Samantaray, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC Md. Faradish, Advocate for the Informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.05.2026 04. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.104 of 2026 pending in the file of learned S.D.J.M. Dhenkanal arising out of Town PS Case No.39 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. The mediation report is at Flag-C and the same is perused. The report reveals that the mediation is unsuccessful. Mr. Samantaray, learned counsel for the petitioner submits that cheques were given to the informant and a complaint case is also filed but thereafter, the FIR is lodged with such allegations made. Mr. Faradish, learned counsel for the informant would submit that the money has been received by petitioner No.1 and recently, for the threat administered by them to the informant, an FIR is lodged registered as Dhenkanal Town PS Case No.298 of 2026. It is further submitted that the threat has been alleged against the petitioners. Recorded the objection of the Mr. Lenka, learned ASC for the State. It is made to understand from the FIR that petitioner No.1 received an amount of Rs.7 lac from the informant. Despite mediation suggested, it has been not successful nor petitioner No.1 is inclined to repay the same though a claim of refund of Rs.4 lac is made. No proof of any such refund is shown to the Court at the time of hearing. Considering the same, this Court is not inclined to entertain the bail plea of petitioner No.1, however, is in favour of directing petitioner No.2, who happens to the petitioner No.1’s father, to surrender before the learned court below for being released on bail with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. The bail plea vis-à-vis petitioner No.1 is rejected, who however has the liberty to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Session Court. As to petitioner No.2, it is directed that upon his surrender within a fortnight from today before the court of learned S.D.J.M. Dhenkanal in connection with G.R. Case No.104 of 2026 corresponding to Town PS Case No.39 of 2026, he shall be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts in the circumstances of the case with an additional condition that he shall not intimidate the informant in any manner whatsoever while on bail since an FIR is lodged recently and to furnish an undertaking at the PS in that regard. It is made clear that any such further mischief committed by petitioner No.2, it shall forthwith entail cancellation of bail granted to him by this Court. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer