p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2338 of 2026 1. Malgamu Chanti 2. N. Nagaraju …. Petitioners Mr. S.K.Dash, Advocate -versus- State of Odisha …. Opp. Party Mr. D. Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. The petitioners are accused in connection with Parlakhemundi P.S. Case No.368 of 2025 corresponding to G.R. Case No.754 of 2025 registered on the allegation of the alleged commission of offence punishable under Sections 331(3)/305/3(5) of BNS, 2023 pending in the Court of the learned SDJM, Parlakhemundi. The petitioners had approached the learned Sessions Judge, Gajapati in B.A. No.11 of 2026 praying for grant of bail. The learned Court below vide its order dated 18.02.2026 rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioners, on instruction from the p. 2 petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case as appears from the F.I.R. lodged by the informant-Karnam Simhadri is that on 20.11.2025 at about 2 p.m. when he as well as his wife and children were outside, taking advantage of the situation, the accused persons broke the lock of the front door of his house, entered inside his house and committed theft of gold ornaments weighing 3 tolas, silver ornaments and cash of Rs.20,000/- by breaking open the almirah. At about 2.30 p.m. when he came to the house, found the lock of the house in broken condition, for which he shouted for help. 4. Learned counsel for the petitioners submits that petitioner no.1 has five criminal antecedents and regarding the same an affidavit has been filed, which is taken on record. 5. Perusal of the affidavit indicates that out of five cases, in four cases, the petitioner no.1 has already been acquitted. It appears he is a habitual offender. In so far as petitioner no.2 is concerned, he has no criminal antecedents. The petitioners are in custody since 21.11.2025. 6. Regard being had to the nature of allegation and period of custody, at this stage, I am only inclined to admit the bail plea of petitioner no.2-N. Nagaraju. 7. Hence, it is directed that the petitioner no.2-N. Nagaraju be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) He shall appear before the I.I.C. of the concerned Police p. 3 Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner no.2 is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. In so far as petitioner no.1 is concerned, his application for bail at this stage is turned down and liberty is granted to renew his bail plea after three months or after framing of charges, whichever is earlier. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA