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2026 DAILYLAW 3030 (ORI)

PRADYUMNA MISHRA v. STATE OF ODISHA

ABLAPL/1948/2026 · 2026-04-07

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1890 of 2026 Tapas Kumar Sahu @ Sahoo @ Lulu Sahoo …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.1948 of 2026 Pradyumna Mishra …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.1949 of 2026 Tutu @ Sushanta Giri …. Petitioner Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC ABLAPL No.2232 of 2026 Arun Kumar Sahu @ Mantu Sahoo & another …. Petitioners Mr. P.S. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC p. 2 And ABLAPL No.2325 of 2026 Sk. Raju …. Petitioner Mr. Sk. Zafarulla, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. All the ABLAPLs are taken up together and disposed of by the following common order. 2. Recorded the submissions of learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Telkoi P.S. Case No.161 of 2025 corresponding to G.R. Case No.155 of 2026 pending in the court of learned J.M.F.C., Telkoi on the grounds stated. 4. Perused the FIR as at Annexure-1. The learned counsels for the petitioners submit that the present accused persons were not found at the spot, but they have been implicated and since all are having similar antecedents, they apprehend arrest in the hands of the local police. The further submission is that two other accused persons have been granted bail by this Court in p. 3 ABLAPL No.10624 of 2025. A copy of the order in the said ABLAPL is produced by Mr. Zafarulla, learned counsel for the petitioner in ABLAPL No.2345 of 2026. The case diary is produced and the same is also perused. Mr. Panda, learned ASC for the State referring to the case diary submits that the petitioners are having multiple cases and hence, are involving in organized crime punishable under Section 111(3) BNSS and hence, are not entitled to bail like the two accused persons, namely, Sk. Raijudin @ Sk. Riya @ Sk. Raya and Sk. Naim @ Sk. Nain. The statements of the witnesses recorded under Section 180 BNSS are also gone through. It is alleged that the accused persons managed to flee from the spot seeing the police party. The petitioners are said to be involved in illegal transportation of cattle and the vehicle in question, a pick-up van was intercepted. The Court finds that the said vehicle capsized at the spot while it was carrying four cattle by then. The submission is that the petitioners have been falsely framed with number of cases regularly registered against them by the local police, hence, are shown to have antecedents. Recorded the serious objection of the State. But considering the fact that two other accused persons named above are already on bail pursuant to the Court’s order in the ABLAPL and substantial part of the investigation is over, notwithstanding the antecedents as made to reveal from the case diary, this Court is of the view that parity should be extended with a direction for release of the petitioners with stringent conditions. In other words, the Court is of the view that though it is not case of pre- arrest bail but the petitioners, who alleged to be involved and p. 4 fled from the spot after the alleged vehicle capsized and no one apprehend at the spot, they are though having criminal cases to their credit, should be released by the following order. 5. Accordingly, it is ordered. 6. In the result, all the ABLAPLs are disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned J.M.F.C., Telkoi in connection with Telkoi P.S. Case No.161 of 2025 corresponding to G.R. Case No.155 of 2026 within a month from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with other conditions besides the following, such as, they shall attend the PS once in a fortnight for the purpose of investigation and to submit individual undertaking to not involve themselves in similar criminal activities in view of the antecedents against them. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer