Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2802 of 2026
Bapuji Naik @ Babu Naik and others ..... Petitioners
Represented by Adv. - Mangu Nandy -versus- State Of Odisha ..... Opposite Party
Represented by Adv. – Mr. C.M. Singh, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 23.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the records.
3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 126(2)/296/115(2)/74/76/351(3) and 3(5) of B.N.S. in G.R. Case No.79 of 2025 in the Court of learned J.M.F.C., Daspalla arising out of Banigochha P.S. Case No.20 of
2025.
4. It is stated by the learned counsel for the Petitioners that there exist a dispute between the both sides and that the present case is a counter blast to the FIR lodged by the Petitioners earlier
Page 2 of 3. against the Informant. Learned counsel for the Petitioners further submitted that earlier the Petitioners were given the benefit of Section 35(C) of BNS pursuant to order dated 23.10.2025 passed in ABLPL No.11994 of 2025. He further submitted that in the meantime, cognizance of the offences has been taken by the learned Magistrate. Accordingly, apprehending their arrest, the Petitioners have once again approached this Court by filing the present bail application.
5.
Learned counsel for the State, on the other hand, objected to release of the Petitioners on anticipatory bail at this juncture on the ground that in the event the Petitioners are released on bail, there is every likelihood might abscond from justice which cause delay in conclusion of the trial. He further submitted that the allegation made in the FIR is serious in nature.
6. Taking into consideration the nature and gravity of the allegation, further keeping in view order dated 23.10.2025 passed in ABLAPL No.11994 of 2025, this Court directs the Petitioners to surrender and move an application for bail before the Court in seisin over the matter within a period of three weeks from today. In such eventuality, the Court in seisin over the matter shall release them 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.
Violation of any of the terms and conditions shall entail cancellation of the bail.
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7. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge Sisir
Designation: PERSONAL ASSISTANT