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2026 DAILYLAW 7262 (ORI)

GOPAL SAMAL v. STATE OF ODISHA

BLAPL/2328/2026 · 2026-04-27

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2328 of 2026 Gopal Samal …. Petitioners Mr. C.R. Satapathy, Advocate -versus- State of Odisha …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. The petitioner is an accused in connection with Tangi P.S. Case No.229 of 2021 corresponding to S.T. Case No.57 of 2022 registered on the allegation of the alleged commission of offence punishable under Sections 376(D)/376-C(b)/ 376(2)(a)(ii)/376(2)(a)(iii) of IPC, pending in the Court of the learned Ad hoc Addl. District and Sessions Judge, F.T.S.C.-II, Cuttack. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. Earlier the petitioner approached this Court by filing BLAPL No.2190 of 2022 and the Coordinate Bench of this Court vide order dated 13.04.2022 enlarged the petitioner on bail. However, the petitioner remained absent from the court, hence the court below issued NBW against him vide order dated 20.01.2025. Executing the said NBW, the petitioner was taken into custody on 19.01.2026 and thereafter he moved an application before the learned trial court for grant of bail, which has been turned down by the court below on 10.02.2026. Hence, he has approached this Court by filing the present application. 4. Regard being had to the fact that the petitioner was already enlarged on bail by the Coordinate Bench of this Court, however he did not appear before the learned trial court, I am inclined to enlarge the petitioner on bail. 5. Hence, it is directed that the petitioner 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 trial Court on each date on which the case is posted for trial; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner 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. 6. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA