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2026 DAILYLAW 9709 (ORI)

TULU KANDI v. STATE OF ODISHA

ABLAPL/602/2026 · 2026-01-29

R K Pattanaik

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 602 of 2026 Tulu Kandi and others …. Petitioners Mr. S. Pattanayak, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 29.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.370 of 2025 pending in the file of learned J.M.F.C., Kakatpur arising out of Kakatpur P.S. Case No.347 of 2025 on the grounds stated. 3. Perused the FIRs as at Annexures-1 and 2. The second FIR in Kakatpur P.S. Case No.348 of 2025 dated 28th November, 2025 is at the behest of petitioner No.1. Gone through the first FIR at Annexure-1 against the petitioners and it has been alleged therein that all of them did the mischief in setting fire to the house of the informant during the alleged incident. The submission of learned counsel for the petitioners is that the alleged house was set to fire by the informant himself and then lodged the FIR i.e. Annexure-1 with false allegation made therein. On a reading of Annexure-2, the Court finds that it has been so claimed by petitioner No.1 regarding the mischief committed by the informant only. Having regard to the fact that the counter FIRs have been lodged against each other and three of the accused persons are lady members of the family and it has been alleged that the mischief is rather the handiwork of the informant and not at their behest, this Court considering the same and objection of the State is of the view that though they are not entitled to pre-arrest bail, however, should be directed to surrender before the learned court below for being released with stringent conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned J.M.F.C., Kakatpur within a fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.370 of 2025 corresponding to Kakatpur P.S. Case No.347 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, they shall not pick-up any quarrel with the informant while on bail and to cooperate the I.O in the investigation, till its completion. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer