Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2504 of 2026 Rajesh Kumar Jena @ Rajesh Jena @ Dhuli Jena & Ors. ..... Petitioners Represented by Adv. - Harekrushna Dash -versus- State of Odisha ..... Opposite Party Represented by Adv. – A.Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for both the parties and perused the records. 3. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 111(3)/ 3(5)/ 303(2)/ 305(e) of the BNS read with Section 68 of OMMC Rule, 2004 in G.R (G.N) Case No.513 of 2025 of the Court of the learned Nayadhikari Grama Nayalaya, Ghasipura, arising out of Ramachandrapur P.S Case No.336 of 2025. 4. It is stated by learned counsel for the Petitioners that the Petitioners have been falsely implicated in the present case. He Page 2 of 3. further contended that although the Petitioners have been shown to be involved in many cases of similar nature, however, the same are of a particular nature of lifting and selling sand illegally. He further contended that in the event this Court grants pre-arrest bail to the Petitioners, the Petitioners are ready and willing to abide by any stringent terms and conditions. 5. Learned counsel for the State on the other hand contended that the Petitioners are habitual offenders and they have several antecedents of similar nature against them. He further contended that in the event the Petitioners are released on bail, there is every likelihood that they might indulge in similar criminal offences. 6. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners. However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 7. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for. Page 3 of 3. 8. The ABLAPL is accordingly disposed of. Issue urgent certified copy of the order as per Rules. ( A.K Mohapatra ) Judge Anil Designation: Junior Stenographer