Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 23713 (ORI)

BAPI @ NIRAKAR MALLIK v. STATE OF ODISHA

ABLAPL/5330/2026 · 2026-07-01

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5330 of 2026 Bapi @ Nirakar Mallik …. Petitioner Mr. M. Kanungo, Sr. Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC ABLAPL No.5598 of 2026 Priyabrata Pradhan @Raja @ Malinga …. Petitioner Mr. A.N. Samantaray, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 01.07.2026 02. 1. Both the ABLAPLs are taken up together for orders. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Dhenkanal Sadar P.S. Case No.373 of 2026 corresponding to G.R. Case No.656 of 2026 pending in the file of learned S.D.J.M, Dhenkanal on the grounds stated. p. 2 4. Perused the FIR as at Annexures-1. The case diary is perused. It is informed to the Court that the petitioners do have antecedents but Ms. Mohanty, learned ASC for the State submits that the petitioner in ABLAPL No.5598 of 2026 is the principal accused. The details of the incident have been narrated in the FIR. The accused, namely, Bapi @ Nirakar Mallik so named in the FIR is claimed to be absent at the spot. The accused persons named said to have snatched away gold chain, cash from a truck driver, hence, the FIR. Considering the submission of Mr. Kanungo, learned Senior Advocate for the petitioner in ABLAPL No.5330 of 2026 and Mr. Samantaray, learned counsel for the co-accused in the other ABLAPL and recording the objection of the State, this Court, though not inclined to entertain the bail plea, however, is to direct the accused, namely, Bapi @ Nirakar Mallik to surrender before the learned court below for being released with conditions and for the co-accused in ABLAPL No.5598 of 2026 to seek regular bail upon his surrender and in case of rejection, to approach the Sessions Court for orders. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of. The petitioner in ABLAPL No.5330 of 2026, in the event surrenders before the court of learned S.D.J.M., Dhenkanal within a fortnight from today in connection with G.R. Case No.656 of 2026 corresponding to Dhenkanal Sadar P.S. Case No.373 of 2026, it is directed that he shall be released on bail p. 3 upon furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount, whereas, the petitioner in ABLAPL No.5598 of 2026 shall seek regular bail for consideration and in case of rejection, to approach the Sessions Court for orders on the same day. The learned court below shall impose suitable in respect of the accused, namely, Bapi @ Nirakar Mallik while directing release in view of his antecedent. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu