Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3783 of 2026 Indra Pradhani & Ors. ..... Petitioners
Represented by Adv. - Akshaya Kumar Sahoo -versus- State of Odisha ..... Opposite Party
Represented by Adv. - Smt. S.Nayak, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 29.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R.
3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 189(4)/ 127(2)/ 115(2)/ 296/ 79/ 308(2)/ 351(2)/ 190 in C.T. Case No.34 of 2026 in the Court of learned J.M.F.C., Tumudibandh arising out of Tumudibandh P.S. Case No.31 of 2026.
4.
Learned counsel for the Petitioners submitted that he does not want to press the bail application in respect of the Petitioner No.15. He further submitted that the Petitioner Nos.5, 6 & 8 are ladies and they have been falsely implicated in the present case. He
Page 2 of 3. further submitted that the injured has not sustained any grievous injury and that the Petitioners, who belong to the same village, have been falsely implicated at the instance of the informant. In such view of the matter, learned counsel for the Petitioners contended that the Petitioners be released on pre-arrest bail on such stringent terms and conditions as deemed proper by this Court.
5.
Learned counsel for the State on the other hand objected to the release the Petitioners on bail on the ground of gravity and seriousness of the allegation. She further contended that all the villagers assembled against the informant and humiliated and assaulted her on the village road. It was also contended that the investigation is still on, therefore the release of the Petitioners at this juncture would cause delay in conclusion of the investigation. 6. At this stage, learned counsel for the Petitioners submitted 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. Considering such submissions, the Petitioner Nos.5, 6 & 8 are 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, they 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. Taking into consideration the nature and gravity of the allegation and on the request of learned counsel for the Petitioners, the Petitioner Nos.1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15 are permitted to surrender before the learned court in seisin over the
Page 3 of 3. matter in the aforesaid case in the first hour within 21 working days hence and move for bail. In such eventuality, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner Nos.1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner Nos.1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 9.
The case diary be made available on the date of surrender on an application being filed by the Petitioner Nos.1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15 prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner Nos.1, 2, 3, 4, 7, 9, 10, 11, 12, 13, 14, 15, if applied for. 10. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra)
Judge Rubi