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2026 DAILYLAW 4254 (ORI)

JITENDRA SWAIN v. STATE OF ODISHA

ABLAPL/2855/2026 · 2026-04-23

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2746 of 2026 Manoj Kumar Behera & Others …. Petitioners Mr. R.K.Bisoi, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K.Mohanty,ASC And ABLAPL No.2855 of 2026 Jatindra Swain …. Petitioner Mr. D.Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K.Mohanty,ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.04.2026 01. 1. Both the ABLAPLs are taken up orders. 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 G.R. Case No.339 of 2026 pending in the file of learned JMFC, Daspalla arising out of Daspalla P.S. Case No.45 of 2026 on the grounds stated. p. 2 4. Perused the F.I.R. as at Annexure-1. It is claimed that petitioners are Journalists by profession. Learned counsels for the petitioners submit that the petitioners have been implicated with false allegations made for the reason described by them. It is claimed that cow meat was cooked by one Nimain Meher and his wife, namely, Apsara Meher and for that, the petitioners alleged to have instigated one Muna Bania to set the house of one Shanti Meher to blaze, hence, the report has been lodged. The further submission is that said Shanti Meher has not lodged the report but by someone, who is not connected to the alleged incident. The further claim is that the petitioners in ABLAPL No. 2746 of 2026 do not have any antecedent. But Mr. Mishra, learned counsel for the other accused, namely, Jitendra Swain in ABLAPL No. 2855 of 2026 admits that he has one criminal case. With the submissions as above, release of the petitioners is pleaded. 5. Recorded the objection of Mr. Panda, learned ASC for the State. 6. In course of hearing, the case diary and statements of the witnesses recorded during investigation have been submitted to the Court and the same are gone through. The statement of Shanti Meher has been recorded under Section 180 BNSS and according to her, the petitioners said to have influenced the co-accused, namely, Muna Bania to commit the excess. Such allegation is claimed to be false by the petitioners. Considering the materials on record and submissions of learned counsel for the respective parties and that the petitioners are p. 3 Journalists and two of them do not have any previous antecedent and alleged to be indirectly involved in the incident, whereas, the mischief of setting the house of said Shanti Meher to blaze was committed by the co-accused named, who said to have been arrested by the local police, this Court, though not in favour of considering their plea for pre-arrest bail but in a peculiar facts and circumstances, is inclined to direct all of them to surrender before the learned court below for being released with stringent conditions. 7. Accordingly, it is ordered. 8. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned JMFC, Daspalla in connection with Daspalla P.S. Case No.45 of 2026 corresponding to G.R. Case No.339 of 2026 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions besides the following, such as, all of them shall co- operate the I.O. in the investigation without fail till its completion and not to influence any of the material witnesses to the incident in any manner whatsoever while on bail. 9. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita