Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3244 of 2026 Bapi Mandal ..... Petitioner Represented by Adv. - Rajiv Kumar Mahanta -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. A. Mohanty, ASC 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 Petitioner 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 Petitioner for anticipatory bail, involving offence punishable under Sections 302(2)/3(5) of B.N.S. and section 21 of the MMDR Act and section 18 of the OMPTS Rules in G.R. Case No.192 of 2026 in the Court of learned J.M.F.C., Barbil arising out of Bamebari P.S. Case No.40 of 2026. 4. It is stated by learned counsel for the Petitioner that the Petitioner was the owner of the vehicle which was involved in the alleged crime. He further submitted that such vehicle was seized by carrying iron ore. Accordingly, the Petitioner has pleaded no Page 2 of 3. essence about the occurrence. He further submitted that the Petitioner does not have any criminal antecedent and that the Petitioner belongs to the locality and therefore, there is no chance of absconding. He further submitted that the Petitioner is ready and willing to abide by any stringent terms and conditions as would deem just and proper by the court in seisen over the matter. Further reference to the judgment of the Hon’ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & anr. reported in 2022 LiveLaw (SC) 577. Learned counsel for the Petitioner contended that the offences alleged are punishable for a maximum period of less than 7 years as laid down by the Hon’ble Supreme Court in the abovenoted judgment. On such ground, learned counsel for the Petitioner contended that the Petitioner has been released on bail. 5. Learned counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground of gravity and seriousness of the allegation. He further submitted that the investigation is still on, therefore, the release of the Petitioner at this juncture would cause delay in conclusion of the investigation. 6. At this stage, learned counsel for the Petitioner submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an application for bail. 7. Considering such submissions, the Petitioner is 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 Petitioner on bail subject to such terms and Page 3 of 3. conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not indulge in similar type of offences while on bail; II. shall cooperate with the investigation and appear before the Investigating Officer as and when his presence is required by the I.O for the purpose of investigation; and III. shall appear before the learned trial court during trial on each date of posting, unless their personal appearance is dispensed with by the learned trial court. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of their criminal antecedent and the injury report. In the event, the Petitioner is having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked. 9. 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