Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4341 of 2026
Purna Chandra Das @ Babula … Petitioner Mr. G. P. Jena, Advocate
-versus-
1. State of Odisha
2. Laxmi Das …. Opposite Parties Mr. P. K. Ray, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 02.05.2026
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with Agarpada P.S. Case No.130 of 2025 pending on the file of learned JMFC, Bhadrak for commission of offences punishable under Sections 296/115(2)/118(1)/109(1)/351(2)/ 125(a)/ 3(5) of BNS, 2023.
3. This is the second journey of the Petitioner to this Court.
4. It is submitted by the learned counsel that erroneously taking note of the submissions that the injured was admitted in the hospital for 19 days, his bail application was rejected while this Court allowed the ABLAPL of the co-accused by order p. 2 dated 17.10.2025 in ABLAPL No.9807 of 2025 in which the present Petitioner was Petitioner No.1.
5.
Learned counsel for the State opposes the prayer for pre-arrest bail though does not dispute that the recitals regarding the Petitioner being admitted for 19 days is an error of the record. It is stated that there is material on record to indicate that the injured suffered injury on the vital part i.e. on head, though simple was also referred to higher center. Hence, the Petitioner ought not to be protected by pre-arrest bail.
6. It is trite that there is no embargo for filing successive bail applications and more so in the case of pre-arrest bail.
7. Considering the seat of the injury and follow steps taken pursuant to the initial admission of the Petitioner in the CHC, Bhadark, this Court is not inclined to entertain this application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned JMFC, Bhadrak in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned JMFC, Bhadrak on merits, in the first hour of the day. p. 3 In the event of rejection of the prayer for bail by the learned JMFC, Bhadrak, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Bhadrak is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
Ground of parity, if any, may be considered by the learned court(s) below. The forums below are requested to verify the criminal antecedents of the Petitioner.
If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.
9. Accordingly, the ABLAPL stands disposed of.
10. U.C.C. as per rules.
(V. NARASINGH)
Judge Jina