IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1004 of 2026 Jitu@Jitendra@Gopal Charan Behera …. Petitioner Mr. Sk. Zafarulla, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Cuttack Sadar P.S. Case No.458 of 2019 corresponding to G.R. Case No.1973 of 2019 pending in the court of learned J.M.F.C.(R), Cuttack on the grounds stated. 3. Perused the FIR as at Annexure-1. A copy of the chargesheet is at Annexure-2. Mr. Zafarulla, learned counsel for the petitioner submits that the co-accused, namely, Ashok Kumar Sahoo has been released on bail after having surrendered before the learned Court below pursuant to the Court’s order in ABLAPL No. 15260 of 2019. A copy of the said order is at Flag-A. The further submission is that the petitioner though chargesheeted for the offences other than the one punishable under Section 307 I.P.C., the learned J.M.F.C.(R), Cuttack has taken cognizance of said offence against him with the co-accused persons, hence, there is a possibility of remand, in the event, he appears in response to the summons issued. Recorded the objection of the State and gone through the chargesheet i.e. Annexure-2 and it reveals that the petitioner has been chargesheeted not for an offence under Section 307 I.P.C. but it has been followed by the order of cognizance dated 10th August, 2020 in G.R. Case No.1973 of 2019, a copy of which is produced by learned counsel for the petitioner in course of hearing. Considering the above facts and submissions of learned counsel for the respective parties and since the chargesheet is filed and not for an offence under Section 307 I.P.C. against the petitioner, notwithstanding the order of cognizance, the Court is inclined to direct him to appear before the learned court below and to go on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C.(R), Cuttack within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.1973 of 2019 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT