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2026 DAILYLAW 4682 (ORI)

ISMAIL KHAN v. STATE OF ODISHA

BLAPL/1042/2026 · 2026-03-17

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1042 of 2026 Ismail Khan and another … Petitioners Mr. D. Mund, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):17.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Bhawanipatna Town PS Case No.509 of 2025 corresponding to CT Case No.1229 of 2025 pending in the file of learned SDJM, Bhawanipatna, for commission of offences punishable U/Ss.305(a)/331(4)/3(5) of BNS, on the main allegation of committing theft by trespassing into the house of the informant and taking away gold and cash of Rs.80,000/-. 3. Heard, Mr. Dhananjaya Mund, learned counsel for the petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-a-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 12.12.2025 with submission of charge-sheet in the meantime and keeping in view the recovery of some of the theft articles and there being no criminal antecedent reported against the petitioners and the offences alleged against the petitioners being triable by Magistrate and taking into account the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51, this Court without expressing any opinion on merits of the case, admits each of the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer