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2026 DAILYLAW 6593 (ORI)

DEEPAK KUMAR SAHU v. STATE OF ODISHA

ABLAPL/2788/2026 · 2026-04-23

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2788 of 2026 Deepak Kumar Sahu ..... Petitioner Represented By Adv. – Mr. Jugal Kishore Panda -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON'BLE 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 Petitioner as well as learned Additional Government Advocate for the State. Perused the records. 3. This is an application under Section 482 of the BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 109, 115(2), 118, 126(2), 3(5), 303(2) of BNS read with Section 25/27 of Arms Act, 1959. 4. It is stated by the learned counsel for the Petitioner that although the Petitioner has not been named in the F.I.R., however he is apprehending his arrest in the hands of the local police. He further submitted that the principal accused has been enlarged on bail in the meantime. He further Page 2 of 3. contended that the injured has not sustained any grievous injury. He also submitted that the Petitioner is having two criminal antecedents and he is ready and willing to abide by the terms and conditions that would be imposed by this Court in the event of his release on pre-arrest bail. 5. Learned Additional Government Advocate for the State, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground of seriousness and gravity of the allegation. He further contended that since the investigation is on, release of the Petitioner on pre-arrest bail at this stage would cause delay in conclusion of investigation and trial. 6. Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Berhampur in G.R. Case No.2227 of 2024 arising out of Baidyanathpur P.S. Case No.493 of 2024 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioner is having more than two criminal antecedents of similar nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the following additional conditions: i) he shall appear before the court in seisin Page 3 of 3. over the matter on each and every date fixed without fail. ii) he shall appear before the I.O. in every fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of three months iii) he shall not indulge in similar nature of criminal activities while on bail; Violation of conditions either imposed by this Court or imposed by the learned court in seisin over the matter shall entail cancellation of bail. 7. Additionally, the Petitioner shall furnish a cash security of Rs.3,000/- (Rupees three thousand ) before the learned court in seisin over the matter, and shall be kept in any Nationalised Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 8. The ABLAPL is disposed of accordingly. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis