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2026 DAILYLAW 4741 (ORI)

RUPAK KUMAR SAHOO v. STATE OF ODISHA

ABLAPL/125/2026 · 2026-01-09

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 125 of 2026 Rupak Kumar Sahoo …. Petitioner Mr. P.K. Routray, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.01.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.851 of 2025 pending on the file of learned S.D.J.M., Padampur arising out of Padampur P.S. Case No.240 of 2025 for commission of offences punishable under Sections 305(e)/316(4)/318(4)/3(5) of BNS. 3. Admittedly, the Petitioner was before this Court in ABLAPL No.11414 of 2025 and by order dated 03.12.2025 taking into account that money was withdrawn by the present Petitioner and later transferred to the account of the co-accused, this Court was not inclined to entertain the application for pre-arrest bail. p. 2 4. It is submitted that the co-accused, namely, Khirodra Bhoi, to whose account the money was transferred, has been released on bail and referring to the same, the Petitioner seeks pre-arrest bail. 5. Learned counsel for the State opposes such prayer inter alia on the ground that, that cannot be construed as a change in circumstances and more so keeping in view defalcation of public money, no leniency ought to be shown. 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 Petitioner may surrender before the learned S.D.J.M., Padampur in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Padampur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned S.D.J.M., Padampur, the Petitioner is 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 Petitioner on the same day. p. 3 The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Padampur is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. 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 Santoshi