Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2829 of 2026 1. Subrat Kumar Samal 2. Suprasanna Samal ..... Petitioners Represented by Adv. - Debidutta Mohapatra -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. S.K. Parhi, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 482, B.N.S.S. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 303(2)/317(2)/3(5) of BNS in G.R. Case No.387 of 2026 of the Court of learned J.M.F.C.(O), Bhubaneswar arising out of Balianta P.S. Case No.77 of 2026. 4. It is stated by the learned counsel for the Petitioners that the Petitioner no1 is the owner of the vehicle seized by the police while it was carrying transporting sand unauthorizedly. He further submitted that he has no direct evidence in the alleged occurrence and that the Petitioners have been falsely implicated in the present Page 2 of 3. case. He further contended that the Petitioners do not have any criminal antecedents and that they belong to the locality, therefore there is no chance of absconding. Learned counsel for the Petitioners further submitted that the maximum punishment which can be imposed is upto seven years of imprisonment. On such ground, learned counsel for the Petitioners contended that the Petitioners be released on pre-arrest bail on any stringent terms and conditions. 5. Learned counsel for the State, on the other hand, objected to release of the Petitioners on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further contended that such type of incident is rampant in the society now-a-days therefore, no leniency should be shown to the accused persons. 6. Having heard learned counsels appearing for the Parties, on a careful examination of the surrounding facts and circumstances as well as the nature of gravity of the allegation, this Court directs that in the event, the Petitioner no.1 surrenders and move for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. I. shall not indulge in similar type of offences while on bail; II. 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 Page 3 of 3. investigation; and III. 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. 7. It is further directed that the bail granted to the Petitioner no.1 shall be subject to the verification of criminal antecedent of the Petitioner no.1 and the injury report. In the event, the Petitioner no.1 is having any similar criminal antecedent, then this order shall stand automatically revoked. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. So far as Petitioners No.2 namely, Suprasanna Samal is concerned, it is directed that in the event of arrest of the Petitioner no.2 by the Arresting Officer in connection with the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper by the Arresting Officer. 9. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Sisir Designation: PERSONAL ASSISTANT