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2026 DAILYLAW 9294 (ORI)

SIMON KUMJHARIA v. STATE OF ODISHA

ABLAPL/2697/2026 · 2026-04-22

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2697 of 2026 Simon Kumjharia …. Petitioner(s) Ms. I. Mishra, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Jateswar Naik, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Bhairab Singhpur P.S. Case No.176 of 2025 corresponding to G.R. Case No.429 of 2025 registered on the allegation of the commission of offences under Sections 305/331(4) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Borigumma, Koraput. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case, as per the F.I.R. lodged by the informant, is that on 06.12.2025, he came to know from the watchman that the lock of the HP Gas warehouse had been broken and gas cylinders had been stolen. Accordingly, the present case has been registered against unknown persons. Hence, the case. 5. Learned counsel for the petitioner draws my attention to Annexure-2 and submits that five co- accused persons have surrendered before the learned trial Court and have been enlarged on regular bail vide order dated 12.01.2026 by the learned J.M.F.C., Borigumaa. She further submits that on the basis of the disclosure statement of the principal accused, the petitioner has been arrayed as an accused in the present case. 6. Be that as it may, since the other co-accused persons have surrendered and admitted to regular bail, it would be expedient that the petitioner shall also surrender before the learned trial Court on 10th May, 2026 and move application for regular bail on the ground as mentioned above and on the ground of parity. If the petitioner surrenders on the stipulated time frame granted by this Court, the same shall be considered on the same day taking into consideration the parity and all other available grounds. 7. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna