Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4364 of 2026 Kabiraj Gouda ..... Petitioner Represented by Adv. – Mr. Suryakanta Dwibedi -versus- State of Odisha ..... Opposite Party Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE 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 318(2), 318(3), 318(4), 3(5) of B.N.S. in G.R. Case No.354 of 2026 in the Court of learned J.M.F.C., Khallikote arising out of Khallikote P.S. Case No.123 of 2026. 4. It is stated by learned counsel for the Petitioner that the present Petitioner is the alleged witness to the fraudulent transaction. He further contended that as per the allegations the deceased husband of the Petitioner No.1 and father of the Petitioner Page 2 of 3. No.2 in ABLAPL No.3318 of 2026 sold the land to the Petitioner No.1, thereafter, the present F.I.R. has been lodged alleging forgery, wherein the present Petitioner is the alleged witness. Learned counsel for the Petitioner is also contended that the further dispute involved in the present criminal case is civil in nature. On such ground, learned counsel for the Petitioner contended that the Petitioner be released on bail subject to any terms and conditions as it deems just and proper by this Court. 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. However, learned counsel for the Petitioner at this juncture submitted that the Petitioner does not want to press this application and seeks 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, he shall be released on bail on such terms and 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 not harass, threaten or terrorize the victim and her family members in any manner whatsoever; III. shall appear before the jurisdictional Police Station Page 3 of 3. once in a fortnight for a period three months, preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M.; IV. shall cooperate with the investigation and appear before the Investigating Officer as and when their presence is required by the I.O for the purpose of investigation; and V. 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 his 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 Sumitra