Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 21179 (ORI)

BAPI BESAN v. STATE OF ODISHA

ABLAPL/6666/2026 · 2026-06-19

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6666 of 2026 1) Bapi Besan ..... Petitioners 2) Charan Bag 3) Sumanta Kumbhar 4) Chandan Besan 5) Japa Tandia @ Japeswar Tandia 6) Tarun Tandia 7) Para Tandia 8) Gunanidhi Tandia Represented by Adv. - Susanta Kumar Sahu -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. U.C. Jena, ASC Mr. P.K. Routray CORAM: 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. Learned counsel for the Informant files Vakalatnama in Court. The same be kept on record. The name of Mr. Prasanta Kumar Routray, learned counsel be reflected in the cause list as well as in the brief. 3. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State as well as learned counsel appearing for the Informant. Perused the Anticipatory Bail Application as well as the F.I.R. Page 2 of 4. 4. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 115(2), 190/ 191(2)/ 296/ 324(4)/ 351(3)/ 75(1)(i) of B.N.S. in C.T. Case No.182 of 2026 in the Court of learned NGN-cum-J.M.F.C., Attabira arising out of Attabira P.S. Case No.190 of 2026. 5. It is stated by learned counsel for the Petitioners that there exists a civil dispute between the Petitioners and the informant. He further contended that the Petitioners have been falsely implicated in the present case. He further contended that the Petitioners do not have any criminal antecedent and that the Petitioners belong to the locality, therefore, there is no chance of absconding. 6. Learned counsel for the Informant on the other hand objected to release the Petitioners on bail. In course of argument, learned counsel for the Informant submitted that earlier also the Petitioners threatened and assaulted the Informant and family members and tried to forcibly evict them and damage their property. Consequently, they were taken into custody. He further submitted that after coming out of custody the Petitioners are again threatening the Informant. On such ground learned counsel for the Informant objected to release the Petitioners on bail. 7. Learned counsel for the State on the other hand objected to the release of the Petitioners on bail on the ground of gravity and seriousness of the allegation. He further submitted that in the event the Petitioners are released on pre-arrest bail, there is every likelihood to they might threaten and harass the Informant and her Page 3 of 4. family members. 8. Considering the submissions made by learned counsels appearing for the respective parties, on a careful examination of the gravity and seriousness of the allegation, the Petitioners are permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioners on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. The release of Petitioners shall also be subject to the following conditions:- I. shall not indulge in similar type of offences while on bail; II. shall not harass, threaten or terrorize the victim and her family members in any manner whatsoever; III. shall cooperate with the investigation and appear before the Investigating Officer as and when their presence is required by the I.O for the purpose of investigation; and IV. shall not enter into the land or premises belonging to the informant without the authority of law. Violation of any of the terms and conditions shall entail cancellation of the bail. Page 4 of 4. 7. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Vacation Judge Sisir Designation: PERSONAL ASSISTANT