p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1884 of 2026 Chandan @ Niranjan Swain …. Petitioner Mr. T.P. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mrs. Siva Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 438 Cr.P.C. corresponding to Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Baliapanda P.S. Case No.10 of 2018 corresponding to G.R. Case No.423 of 2018 pending in the file of learned J.M.F.C.(Cog.-1), Puri on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The petitioner had earlier approached this Court in ABLAPL No.4049 of 2019 disposed of on 20th February, 2020 with a direction to surrender and seek regular bail and in case of rejection to approach the higher forum during the second hour for orders. It is submitted that the petitioner’s name is not mentioned in the FIR and that apart, three accused persons, who faced trial, have been acquitted, hence, therefore, he should be directed to go on bail with any conditions. p. 2 4. Mrs. Mohanty, learned ASC for the State submits that chargesheet has been filed against the petitioner and it was in 2018 and the alleged incident is of the year 2018 itself. Though the petitioner did not avail the earlier order of the year 2020, and since he is shown as absconder, as informed by the learned ASC for the State, this Court though not inclined to reconsider the plea of release in view of the order in ABLAPL No.4049 of 2019 at Flag-B, however, is of the view that the petitioner should be directed to surrender before the learned court below seeking release with the plea of acquittal order vis-a-vis co- accused persons, namely, Bhola @ Mrutyunjay Barik, Guna @ Prasant Balabantaray and Ranji @ Ranjit Kumar Sahoo for consideration and orders. 5. Accordingly, it is ordered. 6. In the result, ABLAPL is disposed of. It is further directed that in the event, the petitioner surrenders within a period of fortnight from today before the learned J.M.F.C.(Cog.-1), Puri in connection with Baliapanda P.S. Case No.10 of 2018 corresponding to G.R. Case No.423 of 2018 and moves an application for regular bail, it shall be duly considered in the light of the direction as aforesaid in the first hour and in case of rejection, he shall approach the learned Sessions Court during the second hour for orders on the same day and for the said purpose, the case record shall be made available without delay. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok