RUSHI PRASAD NAHAK v. SUPERINTENDENT OF POLOCE, CID CB, CUTTACK
ABLAPL/2069/2026 · 2026-07-07
R K Pattanaik
Public Interest Litigationbody2069
DailyLaw.ai
[ 2069 DAILYLAW 4 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2069 DAILYLAW 4 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2069 of 2026
Rushi Prasad Nahak …. Petitioner
Mr. K. K. Mishra, Advocate
-Versus-
Superintendent of Police, CID CB, Cuttack …. Opposite Party
Mr. Satyabrata Panda, ASC
ABLAPL No.2395 of 2026
Bichitrananda @ Bichitranand Routaray @ Bichitra Routray …. Petitioner
Mr. A.K. Subudhi, Advocate
-Versus-
State of Orissa …. Opposite Party
Mr. Satyabrata Panda, ASC
And
ABLAPL No.2426 of 2026
Tapas Ranjan Moharathy …. Petitioner
Mr. S. Palit, Sr. Advocate
-Versus-
State of Orissa …. Opposite Party
Mr. Satyabrata Panda, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 07.07.2026
05.
1. All the ABLAPLs are taken up together for orders.
2. Heard learned counsel for the respective parties.
3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with CID P.S. Case No.9 of 2021 corresponding to G.R. Case No.330 of 2021 pending in the file of learned J.M.F.C., Pipili on the grounds stated therein.
4. Recorded the submissions of learned counsel for the respective parties. In course of hearing, it is brought to the notice of the Court that another accused, namely, Surendra Narayan Ray is on bail by the Court’s order in ABLAPL No.10619 of 2022 dated 23rd September, 2022. With a reference to the CID P.S. Case No.09 of 2021, Mr. Palit, learned Sr. Advocate appearing for one of the petitioners submits that he is a power of attorney holder like the other accused named above. It is also submitted that the power of attorney holders sold lands to different persons on behalf of the principal accused. Mr. Mishra, learned counsel appearing for the petitioner in ABLAPL No.2069 of 2026 submits that the said accused is on bail by the orders of the learned court below. The further submission is that the principal accused above named returned money to all the purchasers in the meantime. One of the payments through Banker’s cheque in the name of Gangadhar Mohanty is produced by Mr. Mishra, learned counsel while claiming that there has been return of money to all the purchasers by the principal accused. In so far as the ABLAPL (supra) dated 23rd September, 2022 is concerned, therein the submission from the side of the State is that the accused was the power of attorney holder of one Bichitra
Routray. Recorded the submissions of Mr. Panda, learned ASC for the State, according to whom, deity’s land was allegedly
disposed of by the accused persons with sales affected in favour of innocent purchasers. As to the present FIR, it is made to understand that the CID has suo motu taken action and lodged it and in connection therewith Mr. Mishra, learned counsel informs the Court that a preliminary chargesheet is filed keeping the investigation open. It is also informed that challenging the lodging of the FIR lodged by the CID, one of the petitioners in ABLAPL No.2069 of 2026 has approached this Court in CRLMC No.602 of 2023 pending disposal with a plea that the same amounts to double jeopardy. Recorded the objection of the State justifying the lodging of the FIR by the CID. Considering the allegations in the FIR, submissions as above and that one of the accused persons, namely, Surendra Narayan Ray is already on bail vide ABLAPL (supra) dated 23rd September, 2022 and the petitioners in ABLAPL Nos.2069 and 2395 of 2026 happen to be the Director and staff of the company concerned dealing with the alleged transfers, this Court, recording the objection of Mr. Panda, learned ASC for the State, is inclined to direct them to surrender before the learned court below for being released with suitable conditions imposed regard being heard to the fact that the preliminary chargesheet is filed in the meantime and in so far as the principal accused, namely, Sangram Keshari Mohanty is concerned, he is stated to be on bail. Such is the view of the Court for the reason that the alleged incident was reported in
2017 and thereafter the present FIR is lodged, which has culminated in filing of preliminary chargesheet. Furthermore, the Court is of the view that such release of the petitioners should be directed in absence of any need for a custodial interrogation even though they had earlier approached in between after lodging of the FIR in 2021-22.
5. Accordingly, it is ordered.
6. In the result, all the ABLAPLs are disposed of. It is
directed that in the event, the petitioners surrender before the learned J.M.F.C., Pipili in connection with CID P.S. Case No.9 of 2021 corresponding to G.R. Case No.330 of 2021 within a fortnight from today, they shall be released on bail upon furnishing bail bonds of Rs.40,000/- (rupees forty thousand only) each with one solvent surety for the like amount each and such other terms and conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, all of them shall co-operate the IO in the further investigation stated to be pending at present.
7. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Sumitra