Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2954 of 2026 CNR No. ODHC010659342026 Gupteswar Sahu & Anr. ..... Petitioners Represented by Adv. - Jnyanananda Panda -versus- State Of Odisha & Anr. ..... Opp. Parties Represented by Adv. – J.K. Ray, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 01.09.2026 Order No. 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the Petitioners as well as learned counsel for the State-Opposite Party. Perused the CRLMC application as well as the prayer made therein. 3. This is an application under Section 528 of the BNSS has been filed by the Petitioners with a prayer to quash the initiation of criminal proceeding in connection with Lanjigarh P.S Case No.73 of 2026 which corresponds to C.T Case No.151 of 2026 pending in the court of the learned JMFC, Lanjigarh. 4. Learned counsel for the Petitioners during course of argument submits that the Petitioners do not want to press this application with liberty to the Petitioners to raise all the points at the time of framing of charge by filing an appropriate application. He further submitted that some of co-accused persons, who stand in a similar footing, have already been enlarged on bail. So far the present Petitioners are concerned, it is stated that only the Page 2 of 2. Petitioners were present at the spot of occurrence and there is no allegation of any commission of any overt act. He further submitted that there exists a case and counter case between two groups. 5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 6. Further, taking into consideration the submissions made by learned counsel for the Petitioners that some of the co-accused persons have been enlarged on bail and the Petitioners are ready and willing to cooperate with the learned trial court, this Court grants liberty to the Petitioners to surrender before the learned JMFC, Lanjigarh in the aforesaid case in the first hour within three weeks hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil