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2026 DAILYLAW 7795 (ORI)

SAROJ JANI v. STATE OF ODISHA

ABLAPL/3283/2026 · 2026-04-27

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3283 of 2026 Saroj Jani ..... Petitioner Represented by Adv. - Rabindra Kumar Pattanaik -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. U.C. Jena, ASC 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 Petitioner and learned Additional Standing Counsel for the State. Perused the records. 3. This is an application und er Section 438, Cr.P.C filed by the Petitioner for anticipatory bail, involving offence punishable under Section 20(a)(i) of the N.D.P.S Act in C.T. Case No.30 of 2025 of the Court of learned Special Judge, Phulbani. 4. It is stated by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further submitted that the Petitioner does not want to press this application and seeks liberty to surrender before the learned trial court and move an application for bail. Page 2 of 2. 5. Considering such submissions, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to consider the aforesaid observations made by this Court and dispose of the bail application of the Petitioner on the same day. While considering the bail application of the Petitioner, the learned trial court shall take into consideration the ratio laid down by the Hon’ble Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 and shall also apply the principles of parity and it is stated that one of the co-accused namely, Ananta Mallick has already been enlarged on bail in BLAPL No.742 of 2026 vide order dated 11.03.2026. 6. The case diary as well as the other materials be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. 7. 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