Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15 of 2026
Biswajit Swain …. Petitioner
Mr. R.C. Rout, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 29.01.2026
02.
1. Heard learned counsel for the petitioner and State.
2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Rajnagar P.S. Case No.411 of 2025 corresponding to G.R. Case No.539 of 2025 pending in the court of learned N.G.N.-cum- J.M.F.C., Rajnagar on the grounds stated.
3. Gone through the FIR as at Annexure-1 and it reveals that the named accused persons and others did the mischief in the manner described therein. It is further revealed that the deceased was pushed as a result he fell down and thereafter subjected to assault. However, it is submitted to the Court by
learned counsel for the petitioner that the death of the deceased is not on account of any such injury caused by him. In other words, it is claimed that there is a natural death of the victim. The case diary and other relevant documents are produced by p. 2 learned counsel for the State including the PM report and the same are gone through. The said report reveals the death is due to Dilated Cardiomypathy and its complication thereof, which is a natural process. The victim by the time of his death was aged about 57 years. The name of the petitioner is not mentioned in the FIR, the co-accused persons named therein did the mischief along with others. But, in view of the apprehension expressed by the petitioner towards his arrest by the local police, pre-arrest bail is demanded with the claim that there has been no involvement as such and that apart, the victim’s death is natural. Recording the submission as above and considering the materials on record, the manner in which the alleged incident took place, this Court, regard being had to the cause of death mentioned in the PM report, is inclined to direct the petitioner to surrender before the learned court below and to go on bail with conditions instead of a pre-arrest bail as has been demanded by him.
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 petitioner surrenders before learned N.G.N.-cum-J.M.F.C., Ranjagar in connection with Rajnagar P.S. Case No.411 of 2025 corresponding to G.R. Case No.539 of 2025 within fifteen days from today, he shall be released on bail on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions p. 3 imposed besides the following, such as, he shall report the IO for the purpose of investigation as and when necessary.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge
TUDU Designation: Sr. Stenographer