Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2360 of 2026
Rajendra Palai & others …. Petitioners
Mr. P.C. Dash, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. Panda, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 05.05.2026
02.
1. Heard learned counsel for the petitioner and State.
2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Aul P.S. Case No.305 of 2025 corresponding to G.R. Case No.774 of 2025 pending in the file of learned J.M.F.C., Aul on the grounds stated.
3. Perused the FIR as at Annexure-1. In fact, the Court finds that the petitioners had earlier approached this Court vide ABLAPL Nos.12487 of 2025 and 990 of 2026, orders of which are at Flags-A & C respectively. It is submitted by the learned counsel for the petitioners that in view of the orders in the ABLAPLs, petitioner Nos.1, 2, 3 & 7 should be directed to surrender before the learned court below seeking regular bail with the liberty granted to approach the Sessions Court after its rejection but insofar as petitioner Nos.4, 5 & 6 are concerned, p. 2 since they are college going students and do not have any antecedent, should be allowed to go on bail with any conditions imposed. The Court considering the fact that the petitioners were denied pre-arrest bail by this Court while disposing of the above ABLAPLs, such a plea cannot be entertained in absence of any changed circumstances but for the submissions of the
learned counsel for the petitioners, the Court is inclined to grant such liberty to the accused persons to surrender before the learned court below seeking regular bail and in case of rejection, to approach the Sessions Court for orders during the second hour itself. The Court is also of the view that the learned courts below may consider the absence of criminal antecedent vis-à-vis petitioner Nos.4 to 6, as has been pleaded at present, while dealing with their bail plea.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C., Aul in connection with Aul P.S. Case No.305 of 2025 corresponding to G.R. Case No.774 of 2025 and seek regular bail, it shall be duly considered and in case rejected during the first hour, they shall approach the learned Sessions Court for orders on the same day and for the said purpose, the relevant record shall be made available. It is further directed that plea of parity of the petitioners shall be considered by the learned courts below while disposing of their bail applications. p. 3
6. Issue urgent certified copy of this order as per rules in course of the day.
(R.K. Pattanaik) Judge
Manoj