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2026 DAILYLAW 20172 (ORI)

DEBARAJ KANDHAPANI v. STATE OF ODISHA

ABLAPL/5285/2026 · 2026-05-20

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5285 of 2026 Debaraj Kandhapani & another …. Petitioners Mr. A.K. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.05.2026 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Tumudibandha P.S. Case No.51 of 2026 corresponding to C.T. Case No.63 of 2026 pending in the file of learned J.M.F.C., Tumudibandha on the grounds stated. 3. Perused the FIR as at Annexure-1. The report was lodged for the theft of buffaloes alleged by the informant. It is claimed by Mr. Lenka, learned ASC for the State that the buffaloes found to be in possession of other accused persons. The case diary with statement of the accused, Debendra Kuskulia is produced and the same is gone through. It is informed to the Court by learned counsel for the petitioners that the present accused persons do not have any other antecedent. Having regard to the fact that the buffaloes claimed to be in possession of other accused persons, not with the petitioners but though alleged to be involved in the theft, this Court, recording the claim that they do not have any other similar antecedents, is inclined to direct both to surrender before the learned court below for being released with conditions, though their bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned J.M.F.C., Tumudibandha within three weeks from today in connection with C.T. Case No.63 of 2026 corresponding to Tumudibandha P.S. Case No.51 of 2026, they shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts and circumstances of the case and in absence of similar antecedents against them. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU