Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2943 of 2026
1. Pabitra Roul
2. Subrat Kumar Kandi @ Subrat Kandi … Petitioners Mr. S. K. Rout, Advocate
-versus- State of Odisha …. Opposite Party Mr. A. K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 23.04.2026
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.245 of 2026 pending on the file of learned J.M.F.C., Chandikhole, arising out of Dharmasala P.S. Case No.54 of 2026 for commission of offences punishable under Sections 296, 74, 109, 115(2), 117(2), 118(2), 126(2), 331(4), 351(3) and 3 (5) of BNS, 2023.
3. It is submitted by the learned counsel that the occurrence happened without any premeditation and since the Petitioners do not have any criminal proclivity, they may be protected by pre-arrest bail.
4. It is also stated that the co-accused who were taken into custody have since been enlarged on bail.
5.
Learned counsel for the State opposes the prayer for pre-arrest bail referring to the injury report which indicates that the injured has suffered a grievous injury on his head.
6. Taking into account the nature of allegation, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned J.M.F.C., Chandikhole in connection with the aforementioned case within one month from today.
In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Chandikhole 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., Chandikhole, the Petitioners are 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 Petitioners on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail
application of the Petitioners and learned J.M.F.C., Chandikhole is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
Ground of parity, if any, may be considered by the learned court(s) below.
8. Accordingly, the ABLAPL stands disposed of.
9. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina