Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6642 of 2026 S. K. Yusuf & Anr. ..... Petitioners Represented By Adv. – Mr. Asit Kumar Jena -versus- State of Odisha ..... Opposite Party Represented by Adv._ Mr. Tapan Kumar Dash, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 438 of the Cr.P.C (482 of the B.N.S.S., 2023) filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 394 & 457 of the IPC in G.R. Case No.126 of 2021 in the Court of learned J.M.F.C., Jatni arising out of Jatni P.S. Case No.77 of 2026. 4. It is stated by the learned counsel for the Petitioners that he does not want to press this bail application in respect of the Petitioner No.2. The bail application in respect of the Petitioner Page 2 of 3. No.2 stands disposed of as not press. So far as the Petitioner No.1 is concerned, learned counsel for the Petitioners further contended that the co-accused person has already been enlarged on bail in the meantime and that the Petitioner No.1 is ready and willing to surrender before the court below and cooperate with investigation as well as for early commencement of the trial. 5. Learned counsel for the Petitioners at this juncture submitted that the Petitioner does not want to press this application and seeks liberty to surrender before the court below and move an application for bail. 6. Considering such submissions, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 7. The case diary be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. Page 3 of 3. 8. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Vacation Judge Suchitra Designation: Junior Stenographer