Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3280 of 2026 Suresh Kumar Swain @ Pujahari and others ..... Petitioners Represented by Adv. - Satya Ranjan Mulia R.R. Nayak, M. Mulia -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. A. Mohanty, ASC m/s. Biswajit Nayak, s.samantaray, a.k.patra CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 27.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 126(2)/ 115(2)/ 296/ 351(2)/ 329(4)/ 74/3(5) of B.N.S. in G.R. Case No.353 of 2026 in the Court of learned J.M.F.C.(R), Cuttack arising out of Jagatpur P.S. Case No.151 of 2026. Page 2 of 3. 4. It is stated by learned counsel for the Petitioners that the only non-bailable offence in the present case is under Section 74 of BNS. She further submitted that there exists a dispute between the two groups of villagers with regard to observance of the Dola Yatra. Accordingly a tussle took place between the two groups. She further submitted that the Petitioners have been falsely implicated at the instance of the Informant. Learned counsel for the Petitioners further contended that the Petitioners belong to the locality and therefore, there is no chance of absconding. She has also contended that the injured has not sustained any injury. She further submitted that the Petitioners do not have any criminal antecedent. On such ground, learned counsel for the Petitioners contended that the Petitioners be released on bail on any such terms and conditions. 5. Learned counsel for the Informant on the other hand objected to the release of the Petitioners on bail on the ground of the gravity and seriousness of the allegation. He further submitted that the Petitioners forcibly entered into the house of the Informant and started assaulting the family members. He further submitted that the investigation is still on and therefore the release of the Petitioners at this juncture would cause delay in conclusion of the investigation. 6. Learned counsel for the State also objected to release of the Petitioners on bail on the ground that the investigation is still on and in the event the Petitioners are released on bail, there is every likelihood that the investigation would be delayed. 7. At this stage, learned counsel for the Petitioners submitted that the Petitioners do not want to press this bail application and Page 3 of 3. seek liberty to surrender before the court below and move an application for bail. 8. Considering such submissions made by the learned counsel appearing for the Parties, on a careful examination of the surrounding facts and circumstances and further taking note of the fact that the injured has not sustained any grievous injury and that the Petitioners do not have any criminal antecedents, this Court although not inclined to grant anticipatory bail, however, considering the request made by the learned counsel for the Petitioners, they are permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioners on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 9. It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent and the injury report. In the event, the Petitioners are having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked. 10. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Sisir Designation: PERSONAL ASSISTANT