Orissa High Court

ABLAPL/10225/2026 of NILAKANTHA DAS@BAPUN Vs STATE OF ODISHA on 9 September 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10225 of 2026 CNR No. ODHC010673262026 Nilakantha Das …. Petitioner Mr. R.K. Mallick, Advocate -versus- State of Odisha …. Opposite Party Mr. A.K Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.09.2026 01. 1. Heard

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 10225 of 2026

CNR No. ODHC010673262026

Nilakantha Das

….

Petitioner

Mr. R.K. Mallick, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. A.K Pati, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

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ORDER

09.09.2026

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1991 of 2025 pending in the Court of learned SDJM, Sundargarh, arising out of Sundargarh Town P.S. Case No.597 of 2025 for commission of offence punishable under Sections 3(5), 115(2), 126(2), 296, 108 BNS, 2023.

3. The Petitioner was before this Court in ABLAPL No.484 of 2026 by order dated 30.01.2026. Taking into account the nature of allegations, inter alia, under Section 103(1) of BNS, this Court, while not inclined to grant pre-arrest bail, granted liberty to him to surrender and seek bail.

4. It is brought to the notice of this Court that while dealing with the bail application of the co- accused in ABLAPL No.7628 and 7727 of 2026, which were disposed of by common order dated 14.07.2026, this Court had inter alia, taken note of the fact that the investigation is now under Section 108 of BNS.

5. Referring to the same, it is submitted by the learned counsel that the Petitioner may be enlarged on pre-arrest bail.

6. It is his further submission that principal accused one Himanshu Sekhar Jena has been released on bail. Hence, he may be protected by pre-arrest bail.

7. The allegation of the prosecution is that because of the ill treatment at the hands of the Petitioner and others, the deceased was driven to commit suicide.

Referring to the materials on record, learned counsel for the Petitioner reiterates that said Himanshu Sekhar Jena who slapped the deceased is the principal accused.

8. Learned counsel for the State opposes the prayer and submits though charge sheet has been submitted, the investigation has been kept open.

9. Considering the rival submissions, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

10. It is further stated that the Petitioner shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2026 19:07:37 Signature Not Verified

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