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2026 DAILYLAW 537 (ORI)

RAJESH KUMAR PRADHAN @ RAJU v. STATE OF ODISHA

ABLAPL/1005/2026 · 2026-02-17

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1005 of 2026 Rajesh Kumar Pradhan@Raju …. Petitioner Mr. S. R. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Nalco P.S. Case No.124 of 2013 corresponding to Spl. (NDPS/Special Case No.114(B) of 2013 pending in the court of learned Special Judge, Angul on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court that the some of the co-accused persons have been acquitted by the learned Special Court. A copy of the acquittal order in Special Case No.114 of 2023 as at Annexure-2 is referred to by learned counsel for the petitioner. It is further submitted that the petitioner is not named in the preliminary chargesheet but has been included in the final and therein, he was shown as an absconder. It is claimed that the co-accused, namely, Sanjay Samal is on bail by the Court’s order at Annexure-3. The copies of the preliminary and final chargesheets are filed in course of hearing by learned counsel of the petitioner and the same are gone through. Learned p. 2 counsel for the State objects to the plea of pre-arrest bail of the petitioner. It is submitted that notwithstanding the acquittal judgment i.e. Annexure-2, the petitioner cannot take advantage of the same pleading bail. Even though, there is an order of acquittal in favour of the co-accused persons, the Court is not inclined to entertain the plea for anticipatory bail of the petitioner. But, in view of the fact that a co-accused named above has been granted bail vide Annexure-3 and the claim is that the petitioner is similarly situated like him, recording the objection of the State, the Court is of the view that he should be directed to surrender before ethe learned court below and to take such plea and in the event found to be on similar footing should be released on bail with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned Special Judge, Angul in connection with Spl. (NDPS/Special Case No.114(B) of 2013 within a fortnight from today and if moves an application for bail thereafter, it shall be entertained and disposed of in the light of direction as aforesaid. It is further directed that if the learned court below finds that the petitioner is on similar footing like the co-accused, namely, Sanjay Samal, who is on bail as per Annexure-3, he shall be released on similar terms and conditions. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT