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2026 DAILYLAW 5372 (ORI)

PRAVAT DASH v. STATE OF ODISHA

ABLAPL/1691/2026 · 2026-03-24

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1691 of 2026 Pravat Dash …. Petitioner Mr. C.K. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Markatnagar P.S. Case No.166 of 2025 corresponding to G.R. Case No.817 of 2025 pending in the file of learned J.M.F.C.(I), Cuttack on the grounds stated therein. 3. Perused the FIR as at Annexuer-1. A copy of the chargesheet is at Annexure-2. Learned counsel for the petitioner submits that the present accused happens to be the husband and he apprehends arrest since the investigation is kept open against the wife, namely, Rupashree Mishra. The submission is that the wife is alleged of having embezzled the money of a private educational institution, hence, the FIR. From the chargesheet at Annexure-2, this Court finds that the petitioner though has been chargesheeted but he was not arrested. It is also revealed therein that the petitioner’s involvement could not be established even when the chargesheet is filed but keeping the investigation open in terms of Section 193(9) BNSS. Recorded the submission of learned counsel for the State. From the chargesheet, this Court further finds that the involvement of the other accused persons has not been established during investigation. The allegation of misappropriation is primarily directed against the wife of the petitioner and she has not been arrested, as informed to the Court. Considering the above facts and the submissions of the learned counsel for the respective parties, this Court though not inclined to grant pre-arrest bail to the petitioner, however, is of the view that he should be directed to surrender before the learned court below for being released on bail with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned J.M.F.C.(I), Cuttack in connection with Markatnagar P.S. Case No.166 of 2025 corresponding to G.R. Case No.817 of 2025, he shall be released on bail subject to him on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount besides the following condition that he shall cooperate the I.O. in the further investigation as and when summoned. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok