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2026 DAILYLAW 6776 (ORI)

SIBA PRASAD MALLICK v. STATE OF ODISHA

ABLAPL/3957/2026 · 2026-04-29

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3957 of 2026 Siba Prasad Mallick …. Petitioner(s) Mr. A.K. Ghadai, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. P.S. Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.04.2026 01. 1. The petitioner is an accused in connection with Pahala P.S. Case No. 131 of 2026 corresponding to G.R. Case No.672 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 318(4)/296/351(2)/3(5) of BNS pending in the court of learned JMFC (O), Bhubaneswar. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that in the month of June, 2025, the informant has an agreement for sale of her father's house situated al Mouză -Haridaspur vide Khata No.371/1443, Plot No.679, Area Ac.0.02 dec. (Kisam-Gharabari). One Vijay Kumar Mallick was agreed to buy the land who was also staying on rent in her house. As per the agreement, the total consideration amount was fixed at Rs. 6 lakhs for one decimal of land. Out of this, he paid Rs.4,50,000/ in advance and the remaining Rs. 1,50,000/- to be paid at the time of registration of the land. On 18.3.2026 two brokers namely Shiva Mallick @ Bapi and Balaram Mallick @ Balaram came and took her to the sub- Registrar office Bhubaneswar, for registration of the sale deed in favour of Vijay Kumar Mallick. When she demanded the balance payment, they threatened her in various ways. Further when she tried to lodge an objection before the registrar to stop the registration process, the said persons, being associates of Vijay Kumar Mallick, wrongfully restrained her and did not allow her to move freely. They intimidated her and forcibly took away her land related documents. Taking her advantage of being a senior citizen widow they fraudulently managed to transfer the land in the name of the petitioner. 4. Learned counsel for the petitioner submits that Balaram Mallick and Siba Prasad Mallick are the witness to the registration whereas Bijay Kumar Mallick is the purchaser. Therefore, the anticipatory bail application of the petitioner may be allowed. 5. Learned counsel for the State opposed the prayer for anticipatory bail. 6. Regard being had to the nature of allegation and gravity of offence, I am inclined to grant the petitioner anticipatory bail. Accordingly, it is directed that in the event the Petitioner is arrested, he shall be released on bail by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioner shall also be subject to the condition that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA