Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3292 of 2026
Srikanta Kumar Sahoo and another ..... Petitioners
Represented by Adv. - Saroj Kumar Padhy -versus- State Of Odisha ..... Opposite Party
Represented by Adv. – Mr. D.K. Sahoo, AGA
CORAM:
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 Petitioners and learned Addl. Standing Counsel for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 115(2)/126(2)/296/3(5)/351(3)/85 of BNS in Cantonment P.S. Case No.293 of 2025.
4. It is stated by the learned counsel for the Petitioners that there exists a rivalry between the two families as a result of which the present FIR has been falsely lodged by the informant implicating the present Petitioners. He further contended that the injured has not sustained any injury. It has also contended that
Page 2 of 3. the Petitioners do not have any criminal antecedent and that they belong to the locality and therefore, there is no chance of absconding. On such ground learned counsel for the Petitioners contended that the Petitioners be released on pre-arrest bail.
5.
Learned counsel for the State on the other hand objected on the ground that the investigation is still on and therefore, in the event the Petitioners are released on bail, the same would cause delay in conclusion of the investigation.
6. On the request of the learned counsel for the Petitioners that the Petitioners do not want to press this bail application and seek liberty to surrender before the court below and move an application for bail.
7. Having regard to the submission made by the learned counsel for the for the Parties, Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves 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.
8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of his criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this order shall stand automatically revoked.
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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