p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7467 of 2026 Swaraj Kumar Kadraka @ Suraj Kumar Kadraka @ Racky Digal …. Petitioner Mr. N.C. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 08.07.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Gunupur P.S. Case No.166 of 2021 corresponding to G.R. Case No.322 of 2021 pending in the file of learned S.D.J.M., Gunupur on the grounds stated. 3. Perused the FIR as at Annexure-1. A copy of the chargesheet is at Annexure-2. Referring to Annexure-3, a copy of the judgment in G.R. Case No.322 of 2021 in respect of co- accused persons, namely, Nikhil Sabar and Saikrishna Sahu, it is submitted to the Court by Mr. Rout, learned counsel for the petitioner that the present accused is entitled to anticipatory bail. It is informed to the Court that the petitioner had approached this Court vide ABLAPL No.11177 of 2023 and it was disposed of as being infructuous. A copy of the said order p. 2 is at Flag-A. Recorded the objection of the State. On perusal of the acquittal judgment dated 28th July, 2022 at Annexure-3, it is made to reveal that the co-accused persons have been exonerated of the charges levelled with a conclusion as to the case is one of a mistake of fact. Recording the submission that the name of the petitioner is not revealed in the FIR though chargesheeted but in view of the order of acquittal in G.R. Case No.322 of 2021 in respect of the co-accused persons, this Court is inclined to direct release of the petitioner upon a surrender before the learned court below even though his bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned S.D.J.M., Gunupur in connection with G.R. Case No.322 of 2021 corresponding to Gunupur P.S. Case No.166 of 2021 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.15,000/- (rupees fifteen 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. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu