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2026 DAILYLAW 22682 (ORI)

GURUPRASAD SWAIN @ GURU PRASADA SWAIN v. STATE OF ODISHA

ABLAPL/7016/2026 · 2026-06-29

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7016 of 2026 Guruprasad Swain @ Guru Prasada Swain …. Petitioner Mr. S.G. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 29.06.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Capital P.S. Case No.302 of 2026 corresponding to C.T. Case No.1012 of 2026 pending in the file of learned S.D.J.M., Bhubaneswar on the grounds stated therein. 3. Perused the FIR as at Annexure-1. It reveals that payments were made to the other accused persons. The submission of the learned counsel for the petitioner is that the present accused has not received any money from the informant but the allegation in the FIR is that he was identified as a Railway employee to the informant. It is informed to the Court that one of the accused persons is on bail. 4. Recorded the objection of the State. 5. On a reading of the FIR, it is made to understand that the informant collected money from others and handed over to p. 2 the accused persons and not the petitioner. It is informed to the Court that the petitioner has no other similar antecedents. In view of the above facts and recording the plea of absence of antecedents and he being a first-time offender and has not received any money from the informant, this Court though not inclined to entertain plea of the pre-arrest bail but is in favour of directing the petitioner to surrender before the learned court below for being released with conditions. 6. Accordingly, it is ordered. 7. In the result, ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned S.D.J.M., Bhubaneswar in connection with Capital P.S. Case No.302 of 2026 corresponding to C.T. Case No.1012 of 2026, he shall be released on bail subject to his furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the P.S. concerned once in a fortnight for the purpose of investigation. It is further directed that the above order shall not be given effect to if the petitioner has antecedent of similar nature. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok