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2066 DAILYLAW 3 (ORI)

GYANARANJAN SWAIN v. STATE OF ODISHA

BLAPL/2066/2026 · 2026-05-18

V Narasingh

body2066

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2066 of 2026 Gyanaranjan Swain …. Petitioner Mr. A.K. Sahoo, Advocate -versus- State of Orissa …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 18.05.2026 03. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with G.R. Case No.263 of 2026, pending on the file of learned S.D.J.M., Kendrapara, arising out of Marsaghai P.S. Case No.46 of 2026, for commission of alleged offences under Sections 318(4) of BNS, 2023. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of BNSS by the learned Addl. District & Sessions Judge, Kendrapara, by order dated 19.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel that the Petitioner is in custody from 06.02.2026 on the accusation that he borrowed money from the Informant for repayment of a substantial part of the amount of the loan he has taken from Muthut Finance Co. Ltd. and the assurance that on payment of the said loan, he will return the gold to the informant. 6. It is submitted by the learned counsel for the Petitioner that taking into account the nature of allegation and since the charge sheet has already been filed, further continuance of the Petitioner in custody is not warranted. 7. Learned counsel for the State opposes the prayer, inter alia, on the ground that from the very inception the Petitioner had intention to commit the offence. Hence, no leniency ought to be shown. 8. Considering the rival submission and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of any nature. 9. If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to. 10. Accordingly, the BLAPL stands disposed of. U.C.C as per rules. (V. NARASINGH) Judge Soumya