ABLAPL/10078/2026 of SUBHANSU SEKHAR @ DIPU SWAIN Vs STATE OF ODISHA on 10 September 2026

ORDER

10.09.2026

03. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.168 of 2026 pending on the file of learned Gram Nyayalaya-JMFC, Sanakhemundi arising out of Pattapur P.S. Case No.172 of for commission of offences punishable under Section 191(2)/ 191(3)/ 61(2)/ 190/ 109(1)/ 296/ 351(3)/ 118(1)/ 118(2)/ 115(2)/ 333 of BNS r/w Section 25(1-A)/27 of the Arms Act.

3. It is submitted by the learned counsel for the Petitioner that taking into account the omnibus nature of allegations, the Petitioner may be protected by pre-arrest bail.

4. Such submission is opposed by the learned counsel for the State and Informant.

5. It is also brought to the notice of this Court that in the meanwhile several co-accused were taken into custody and their bail applications have been rejected.

6. Learned counsel for the Petitioner submits that merely because the co-accused bail applications have been rejected that ought not to deter this Court from considering the bail application of the Petitioner on merits.

7. During the course of hearing, it is brought to the notice of this Court that taking into account the seriousness of the injury suffered by the injured Ashok Bisoyi, expecting the worst, his dying declaration was recorded.

8. Considering the nature of allegations against the Petitioner and the manner in which the assault has taken place and the statement of the witnesses, this Court is not inclined to entertain this application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 13:53:53 Signature Not Verified