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2026 DAILYLAW 8301 (ORI)

PRADEEP MAJHI v. STATE OF ODISHA

ABLAPL/4272/2026 · 2026-05-02

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4272 of 2026 Pradeep Majhi ..... Petitioner Represented By Adv. – Mr. Rudra Madhab Bishwal -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the Anticipatory Bail Application as well as the F.I.R. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Gopalpur P.S. Case No.59 of 2026, corresponding to C.T. Case No.276 of 2026, pending in the court of the learned J.M.F.C. (Rural), Balasore, registered for alleged commission of offences punishable under Sections 126/296/221/132/121(1)/115(2)/351(2)/109(1)/3(5) of BNS, 2023 read with Section 529(a) of Orissa Excise Act,2008 of B.N.S., 2023. 4. It is stated by the learned counsel for the Petitioner that the Page 2 of 2. Petitioner has been falsely implicated in the present case at the instance of the local police. He further contended that injured has not sustained any injury in view of the injury report annexed to the bail application as Annexure-3. He further contended that the Petitioner does not have any criminal antecedent and that he belongs to the locality, therefore there is no chance of his absconding. Learned counsel for the Petitioner further submitted that no offence is made out under Section 109 of BNS and that the punishment provided on conviction for the most grave offence alleged is less than seven years and that the case of the Petitioner is covered by the judgment of the Hon’ble Supreme Court in Satender Kumar Antil - vrs.- Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51. 5. Considering such submission and on the request of the learned counsel for the Petitioner, the Petitioner is permitted to surrender before the court in seisin over the matter within a period of four weeks from today and move an application for bail. In such eventuality, the court in seisin over the matter shall release the Petitioner on bail on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the court below that the Petitioner is having any criminal antecedent, then this order shall automatically stand revoked. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (A.K. Mohapatra) Judge Debasis