Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3069 of 2026
Pratap Kumar Rath ..... Petitioner
Represented By Adv. – Mr. Bishnu Prasad Pradhan -versus- State of Odisha ..... Opposite Party
Represented By Adv. – Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 24.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party.
3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Pipili P.S. Case No.0126 of 2026, corresponding to G.R. Case No.175 of 2026, pending in the court of learned J.M.F.C., Pipili, registered for alleged commission of offences punishable under Sections 115(2)/117(2)/333/351(2) of B.N.S. 2023.
4. It is stated by the learned counsel for the Petitioner that the Informant is the wife of the present Petitioner. He further
Page 2 of 3. contended that as per the FIR allegation, the present Petitioner had assaulted his father-in-law by means of fist blows. He further contended that the injured has not sustained any injury. It was also contended that the Petitioner does not have any criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. Learned counsel for the Petitioner also submitted that the punishment provided on conviction for the most grave offence alleged is less than seven years. Learned counsel for the Petitioner contended that the Petitioner be released on pre-arrest bail on any stringent terms and conditions.
5.
Learned counsel for the State, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further submitted that the investigation is still on. Therefore, release of the Petitioner at this juncture would cause delay in conclusion of the investigation. On such ground, learned counsel for the State submitted that the prayer for pre-arrest bail of the Petitioner be rejected.
6. Considering such submissions, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of
Page 3 of 3. criminal antecedent of the Petitioner. In the event it is found by the court below that the Petitioner is having any criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge Debasis