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2026 DAILYLAW 7577 (ORI)

ANIL KUMAR DAKUA v. STATE OF ODISHA

ABLAPL/2628/2026 · 2026-04-22

Sibo Sankar Mishra

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2628 of 2026 Anil Kumar Dakua …. Petitioner(s) Mr. Tanmaya Kumar Mohanty, 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 Bharatpur P.S. Case No.444 of 2025 corresponding to C.T. No.1388 of 2025 registered for the alleged commission of the offences punishable under Sections 318(2)/324(2)/316(2) of the BNS, 2023 pending in the Court of the learned JM.F.C.-V, Bhubaneswar. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the p. 2 petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. Learned counsel for the petitioner submits that in case of two other co-accused i.e. Anil Kumar Dakua and Basanta Pahadsingh the Coordinate Bench of this Court vide order dated 17.11.2025 in ABLAPL Nos.10509 of 2025 and 11662 of 2025 have already granted concession of anticipatory bail. He submits the present petitioner be also treated in the similar way and similar order may be passed. 5. Learned counsel for the State, on the contrary, argued that the petitioner is the principal accused in the present case and he is not entitled to the anticipatory bail on parity ground. 6. At this stage, learned counsel for the petitioner seeks to withdraw the present ABLAPL with liberty to the petitioner to surrender before the learned trial Court and move application for regular bail. 7. The petitioner shall surrender before the learned trial Court on or before 10.05.2026 and resort to the remedy of regular bail. It is open for the petitioner to p. 3 urge all the points as has been taken in the present bail application including the ground parity before the trial Court. If such application is moved by the petitioner after surrendering before the trial Court, the same shall be considered on its merit by the learned Courts below on the same day. 8. With the aforementioned observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.