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2026 DAILYLAW 683 (ORI)

SAGARIKA JENA v. STATE OF ODISHA

ABLAPL/1178/2026 · 2026-02-26

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1178 of 2026 Sagarika Jena …. Petitioner Mr. A.R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC And ABLAPL No.1237 of 2026 Habiba Khatun@ Habida Khatun & another …. Petitioners Mr. A.R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 26.02.2026 01. 1. The ABLAPLs are disposed of by the following order. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Sahadevkhunta P.S. Case No.16 of 2026 corresponding to C.T. Case No.35 of 2026 pending in the court of learned S.D.J.M., Balasore on the grounds stated. 4. Perused the FIR as at Annexure-1. The alleged incident has been narrated in the report. As it appears, the police party on duty was attacked by 20 to 25 persons, who are the inhabitants of the locality and obstructed search and seizure to be conducted by them in presence of other Govt. officers. The SI of the concerned PS lodged the report for the above incident. The petitioners apprehend arrest since are inhabitants of a local village. No one has been named in the FIR. The Court finds that contraband Brown sugar was recovered from the named accused persons in the report and while the search and seizure was to begin or underway, the alleged mischief was committed by a group of men. Considering the above facts and circumstances leading to the lodging of the report without any one named therein, recording the submission of learned counsel for the petitioners that the present accused persons do not have any antecedent and objection of the State, this Court, though not inclined to grant them pre-arrest bail but is of the view that they should surrender before the learned court below for being released with conditions. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender before learned S.D.J.M., Balasore in connection with Sahadevkhunta P.S. Case No.16 of 2026 corresponding to C.T. Case No.35 of 2026 within a fortnight from today, all are to be released on bail upon furnishing bail bonds of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts and circumstances of the case. The release of the petitioners, as is further directed, shall be subject to absence of criminal antecedents against them. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer