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2026 DAILYLAW 8965 (ORI)

SANTOSH KUMAR PALAI v. STATE OF ODISHA

ABLAPL/13873/2024 · 2026-04-21

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2333 of 2026 Smurti Ranjan Padhihari @ Smruti Ranjan Padhihari …. Petitioner(s) Ms. Itishree Mishra, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC ABLAPL No.13115 of 2024 Sanjay Parida …. Petitioner(s) Ms. Itishree Mishra, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC ABLAPL No.13873 of 2024 Santosh Kumar Palai …. Petitioner(s) Mr. Prasanta Kumar Das, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC ABLAPL No.13876 of 2024 Bibek Palai …. Petitioner(s) Mr. Prasanta Kumar Das, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC ABLAPL No.14009 of 2024 Suman Kumar Das …. Petitioner(s) Mr. Prasanta Kumar Das, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC ABLAPL No.14048 of 2024 Sekhar Parida …. Petitioner(s) Mr. Prasanta Kumar Das, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sobhan Panigrahi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.04.2026 01. 1. Since all the bail applications arise out of the same F.I.R. and involve the same issues, they are taken up together and are being disposed of by this common order. 2. Heard. 3. The petitioners are seeking pre-arrest bail in connection with Aul P.S. Case No.517 of 2024 corresponding to G.R. Case No.799 of 2024 for the commission of offences under Sections 126(2)/303(2)/115(2)/118(1)/118(2)/109/296/3(5) of B.N.S., 2023 read with Section 25/27 of the Arms Act pending in the Court of the learned J.M.F.C., Aul. 4. The prosecution case in the F.I.R. lodged by the informant, is that the son of the informant and the petitioners are the students of the same college and had prior disputes among them. It is alleged that on the date of occurrence, while the informant’s son was returning from the market, the petitioner along with other co-accused persons intercepted him on the way and picked up a quarrel. Thereafter, they allegedly abused him in filthy language and assaulted him with deadly weapons, as a result of which he sustained injuries. Hence, the F.I.R. was lodged against the petitioners. 5. Learned counsel for the petitioners submits that one of the co-accused, namely, Suman Kumar Das had approached this Court by filing BLAPL No.9873 of 2024. The coordinate Bench of this Court vide order dated 07.01.2025 admitted him on bail. Hence, the petitioners seek concession of pre-arrest bail on the ground of parity. 6. Mr. Panigrahi, learned Additional Standing Counsel for the State submits that after investigation, preliminary charge-sheet has been filed. However, since the petitioners are absconding, the final charge-sheet could not be submitted. He has also placed on record the criminal antecedents of the petitioners, which are taken on record. 7. Be that as it may, since the allegations are serious and the petitioners are involved in many other cases, this Court is not inclined to grant the concession of pre-arrest of bail. However, liberty is granted to the petitioners to surrender before the learned trial Court on or before 10th May, 2026 and move appropriate application for regular bail raising all the grounds as has been urged in this application including the ground of parity with the co-accused. In the event the petitioners surrender and move application for regular bail, it is expected that the learned trial Court shall consider their bail application on the same day. 8. With this observation, the ABLAPLs are disposed of. (S.S. Mishra) Judge Swarna