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2026 DAILYLAW 28080 (ORI)

TOPHAN SWAIN v. STATE OF ODISHA

ABLAPL/7927/2026 · 2026-07-21

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7927 of 2026 Tophan Swain …. Petitioner Mr. J.Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K.Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.07.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Digapahandi P.S Case No. 84 of 2019 corresponding to G.R. Case No. 105 of 2019 pending in the file of the learned J.M.F.C., Digapahandi on the grounds stated therein. 3. The record reveals that the petitioner had earlier approached this Court vide ABLAPL No. 6188 of 2019 disposed of on 16th July, 2021 directing him to be released on bail, which according to Mr. Sahoo, learned counsel appearing for him, could not be availed for the reason stated. A case under Section 307 IPC is registered as revealed from the FIR i.e. Annexure-1. Recorded the response of the State. Considering the earlier order in the ABLAPL (supra), this Court is inclined to direct the petitioner to surrender before the learned court below for being released subject to following conditions. 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 J.M.F.C., Digapahandi within a period of four weeks from today, it is directed that he shall be released on bail in connection with Digapahandi P.S Case No. 84 of 2019 corresponding to G.R. Case No. 105 of 2019 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita