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2026 DAILYLAW 7464 (ORI)

KAZI KAMRUL ISLAM v. STATE OF ODISHA

ABLAPL/2613/2026 · 2026-04-22

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2613 of 2026 Kazi Kamrul Islam …. Petitioner(s) Mr. Suryakanta Dash, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Lalbag P.S. Case No.29 of 2024 corresponding to G.R. Case No.84 of 2024 registered for alleged commission of offence punishable under Section 408 of the IPC, pending in the Court of the learned S.D.J.M. (S), Cuttack. 3. 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. 4. The allegation against the petitioner is that on 06.02.2024, Ashok Kumar Das lodged a written complaint before the IIC, Lalbag P.S., inter alia, alleging that the petitioner was working in his Jewellery shop since last five years and later on, he had his own shop at Kazibazar, Cuttack. Its alleged that the informant used to supply ornaments after receiving gold from his shop. It is further alleged that on 26.12.2023, the petitioner has taken 315 grams of gold from the informant including earlier taken 80.830 grams of gold. However, the petitioner having taken away all the gold ornaments from the shop of the informant and did not return. Hence, the case. 5. In the present case, the F.I.R. was registered on 06.02.2024. Mr. Dash, learned counsel for the petitioner, by taking me to Annexure-2 of the petition, submits that in the present case, the notice under Section 41(A) of the Cr.P.C. was also given to the petitioner. The petitioner is a resident of West Bengal. He apprehends danger to his life once he comes to Cuttack at the instance of the complainant. Therefore, he has approached this Court by filing the present anticipatory bail application seeking pre-arrest bail. 6. Regard being had to the nature of allegation against the petitioner, the F.I.R. was registered in 2024 and the fact that the notice under Section 41(A) of the Cr. P.C. has already been issued to the petitioner, no order as such needs to be passed in this case. In so far as other apprehensions are concerned the petitioner has other remedy under law. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.