Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8293 of 2026
Sk. Wasim @ Sk. Abdul Wasim …. Petitioner
Mr. S. Hota, Advocate
-versus-
State of Odisha …. Opposite Party Mr. U.C. Jena, ASC Mr. S.R. Rout, Adv.(Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 24.07.2026
01. 1.
Learned counsel Mr. S.R. Rout & Associates have entered appearance on behalf of the Informant by filing vakalatnama. The same is taken on record.
Name of the learned counsel Mr. S.R. Rout & Associates be reflected in the file, cause list as well as Web Portal of this Court.
2. Heard learned counsel for the Petitioner,
learned counsel for the State and learned counsel for the Informant.
3. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.669 of 2026 pending on the file of learned J.M.F.C.(II), Cuttack, arising out of Dargha Bazar P.S. Case No.0063 of 2026 for commission of offences punishable under Sections 109(1)/115(2)/118(2)/126(2)/296/3(5) of the BNS.
3. It is submitted by the learned counsel that the Petitioner is at all fours with the co-accused and it is further submitted that the allegation qua the Petitioner is done in an exaggerated manner. Hence, he may be protected by pre-arrest bail.
4.
Learned counsel for the State as well as Informant oppose such prayer.
5. It is seen that the co-accused one Sk. Salim @ Sk. Saleem and Others have approached this Court in ABLAPL No.7090 of 2026 and by order dated 25.06.2026 while not granting prayer for pre-arrest bail gave liberty to them to surrender and move for bail.
6. Since prima facie, the Petitioner is at all fours with the said co-accused, this Court is not inclined to entertain the ABLAPL. However, considering that the Petitioner is the first offender, it is directed that the Petitioner may surrender before the learned J.M.F.C.(II), Cuttack in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.(II), Cuttack on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C.(II), Cuttack, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.(II), Cuttack is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
8. The ABLAPL is accordingly disposed of.
(V. NARASINGH)
Judge
Ayesha