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2026 DAILYLAW 9963 (ORI)

SAGAR KUMAR BASKEY v. STATE OF ODISHA

ABLAPL/718/2026 · 2026-02-03

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.668 of 2026 Chandan Kumar Baskey …. Petitioner Mr. S. Sourav, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC And ABLAPL No.718 of 2026 Sagar Kumar Baskey …. Petitioner Mr. S. Sourav, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2026 01. 1. Both the ABLAPLs are disposed of by the following common order. 2. Heard learned counsel for the petitioners and State. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Jaleswar P.S. Case No.16 of 2026 corresponding to C.T. Case No.28 of 2026 pending in the court of learned J.M.F.C., Jaleswar on the grounds stated. 4. Perused the FIRs as at Annexure-1 and it reveals that in spite of repeated field inspections and enforcement drives conducted, there has been illegal extraction and transportation of sand with the involvement of the names mentioned therein. Mr. Sourav, learned counsel for the petitioners submits that the accused persons are from a nearby village and they apprehend arrest in the hands of the police because of the FIR lodged. In fact, the petitioners are named in the FIR with the allegation that they are involved in unlawful activities towards extraction and transportation of sand. However, Mr. Sourav, learned counsel does not have any instructions as to if the petitioners are having any other antecedents. Recorded the objection of the State. According to the FIR, there has been inspection and repeated requests not to lift sand but it has not yielded any result, hence, the names of the petitioners are indicated therein. Considering the above facts and as the petitioners claim to be innocent and local villagers, recording the objection of the State, this Court though not inclined to grant pre-arrest bail to them but is of the view that they should be directed to surrender before the learned court below for being released on regular bail subject to verification and absence of past antecedents. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is directed that in the event, the petitioners surrender before learned J.M.F.C., Jaleswar in connection with Jaleswar P.S. Case No.16 of 2026 corresponding to C.T. Case No.28 of 2026 within a fortnight from today and move an application for bail either jointly or separately, it shall be dealt with and disposed of directing their release on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) each with one solvent surety for the like amount each with such other conditions imposed. But, such release of the petitioners, as is further directed, shall be only upon verification and absence of antecedents of similar nature. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU