p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3189 of 2026 Anshu @ Ashok Kumar Swain @ Ashok Swain …. Petitioner Mr. S.R. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Niali P.S. Case No.02 of 2018 corresponding to G.R. Case No.06 of 2018 pending in the file of learned J.M.F.C., Niali, Cuttack on the grounds stated therein. 3. Gone through the FIR as at Annexure-1. It is submitted to the Court that the chargesheet is filed in the year 2019 and at present, NBWA is pending execution against the petitioner. The further submission is that in view of the chargesheet filed against the petitioner and coercive action taken by the learned court below, he apprehends arrest, but since was not named in the FIR which reveals the names of others, he should be granted bail. The case diary is produced by learned ASC for the State and the same is also gone through. The chargesheet is filed against the petitioner along with others but no specific and individual role is alleged against him therein. It is made to suggest that the petitioner is one among the accused persons p. 2 who participated in the alleged incident. The fact remains, the petitioner was not named in the FIR. The submission is that due to political rivalry, the alleged incident took place in the year 2017. The claim is that for the alleged incident, no one received any grievous injury. In fact, the case diary is produced by the learned ASC for the State and the medical examination report of the victims. But the reports reveal that the victim has received simple injuries with the opinion therein. Though the allegation in the FIR is that the accused persons were armed with sword, pistol etc. but the injury reports disclose otherwise having no grievous injury being caused to any of them. Considering the above facts and since the alleged incident is almost nine years old and that long back the chargesheet is filed and the fact that the petitioner’s name was not revealed in the FIR and though he is chargesheeted, this Court is inclined to direct him to surrender before the learned court below for being released even though not in favour of granting pre-arrest bail as has been pleaded. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned J.M.F.C., Niali, Cuttack in connection with Niali P.S. Case No.02 of 2018 corresponding to G.R. Case No.06 of 2018 within a fortnight from today, he shall be released on bail subject to him on furnishing a bail bond of Rs.40,000/- (Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at p. 3 liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok