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2026 DAILYLAW 210 (ORI)

DEBENDRA MANDAL v. STATE OF ODISHA

ABLAPL/843/2026 · 2026-02-09

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.843 of 2026 Debendra Mandal & others …. Petitioners Mr. S.G. Das, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 02. 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 1CC Case No.1164 of 2015 pending in the court of learned S.D.J.M., Balasore on the grounds stated. 3. Perused the copy of the complaint in 1CC No.1164 of 2015 as at Annexure-1 series. Learned counsel for the petitioners submits that chargesheet was filed against seven accused persons and all of them faced trial and it has ended with an order of acquittal in CT No.2776 of 2013 dated 15th July, 2025. The further submission is that a protest petition was filed against the petitioners, who had not been chargesheeted before the learned court below and entertaining the same, the learned J.M.F.C.(R), Balasore, after having taken cognizance of the alleged offences, has issued NBWAs by order dated 2nd May, 2025. The submission is that the petitioners in view of the protest petition filed by the complainant are to face the enquiry and trial before the learned court below but should be allowed to go on bail in view of the acquittal judgment in C.T. No.2776 of 2013. Recorded the objection of the State. A copy of the order to the learned J.M.F.C.(R), Balasore dated 2nd May, 2025 is produced at the time of hearing. Considering the above facts and submissions of learned counsel for the respective parties, as all the offences are triable by Magistrate First Class and regard being had to the order of acquittal as at Annexure-2, this Court, instead of pre-arrest bail, is inclined to direct the petitioners to surrender before the learned court below and to go 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. It is further directed that in the event, the petitioners surrender before the learned S.D.J.M., Balasore in connection with 1CC Case No.1164 of 2015 within a fortnight from today, they shall be released on bail upon furnishing bail bonds of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU