IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1873 of 2026 Swagat Moharana …. Petitioner Mr. S.K. Baral, Advocate -Versus- State of Odisha & another …. Opposite Parties Mrs. S. Mohanty, ASC Mr. S. Panda, Advocate for the Informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.07.2026 05. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed by the petitioner seeking pre-arrest bail in connection with Purighat P.S. Case No.281 of 2025 corresponding G.R. Case No.704 of 2025 pending in the file of learned S.D.J.M. (Sadar) Cuttack on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. Gone through the affidavit of the informant as at Flag-E. Mr. Baral, learned counsel for the petitioner admits the first agreement and payment of Rs.3,23,000/- received by the petitioner but denies the second agreement claiming it to be executed under duress. Mr. Panda, learned counsel for the informant submits that such payment has been made and it has been acknowledged by the petitioner with a money receipt. A copy of the said receipt is in the affidavit and at Annexure-1 to the same. The parties were referred to go for mediation and report has been received and the same is at Flag-D. The report dated 23rd June, 2026 reveals that the mediation has been unsuccessful. Essentially, the dispute is over payments. The petitioner claims receipt of Rs.3,23,000/- through PhonePe and also cash but denies receipt of the balance. Whether such payment of the remainder was made in cash or such other means is a matter of enquiry. Though the informant submits a money receipt dated 31st August, 2024, it has been disputed by the petitioner. In view of the above and considering the submissions of learned counsel for the respective parties and failure of the mediation between both sides, this Court taking into account, the admission of the petitioner about receipt of Rs.3,23,000/-, is inclined to direct him to make the payment to the informant as a condition precedent for his release pending investigation. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned S.D.J.M. (Sadar) Cuttack within a period of four weeks from today, it is directed that he shall be released on bail in connection with Purighat P.S. Case No.281 of 2025 corresponding G.R. Case No.704 of 2025 on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper in the facts and circumstances of the case. It is further directed that the release shall be allowed only upon payment of Rs.3,23,000/- to the informant. It is made to clear that this Court has not expressed anything on merits with regard to the claim of the informant referring to the agreements and money receipt dated 31st August, 2024 filed with the affidavit at Flag-B. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer