Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2547 of 2026
Swaraj Muduli ..... Petitioner
Represented By Adv. – Ms. Aeishwariya Priyadarshini -versus- State of Odisha and another ..... Opposite Parties
Represented By Adv. – Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 22.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party No.1.
3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with ICC No.804 of 2025 pending in the court of learned S.D.J.M. (Sadar), Cuttack, registered for alleged commission of offences punishable under Sections 296/115(2)/303/109/351(1) of B.N.S. 2023.
4. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. She further submitted that there exit a civil dispute between the
Page 2 of 3. Petitioner and the complainant, as a result of which, the complainant has lodged a false complaint case implicating the Petitioner as an accused. Learned counsel for the Petitioner, at this stage, contended that the victim has not sustained any injury and that the Petitioner does not have any criminal antecedent. He further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground,
learned counsel for the Petitioner contended that the Petitioner be released on pre-arrest bail on any stringent terms and conditions.
5.
Learned counsel for the State, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground that in the event the Petitioner is released on pre-arrest bail, there is every likelihood that the same might affect the investigation/inquiry of the complaint case. On such ground,
learned counsel for the State contended that the present case is not a fit case where the Petitioner seeks release on pre-arrest bail.
6. Having regard to the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case as well as the nature of gravity of the allegation made in the complaint petition, this Court directs the Petitioner to surrender before the court in seisin over the matter within a period of four weeks from today and move an application for bail. In such eventuality, the court in seisin over the matter shall release him on bail in connection with the aforesaid case on such
Page 3 of 3. terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner as well as injury report. In the event it is found by the court below that the Petitioner is having any criminal antecedent or the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge Debasis