Orissa High Court
ABLAPL/10217/2026 of DILLIP KUMAR NAIK Vs STATE OF ODISHA on 9 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10217 of 2026 CNR No. ODHC010667402026 1. Dillip Kumar Naik 2. Nityananda Naik …. Petitioners Mr. B.P. Nanda, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 10217 of 2026
CNR No. ODHC010667402026
1. Dillip Kumar Naik
2. Nityananda Naik
….
Petitioners
Mr. B.P. Nanda, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
09.09.2026
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.498 of 2026 pending on the file of learned S.D.J.M. Pallahara, arising out of Khamar P.S. Case No.294 of 2026 for commission of offences punishable under Section 303(2)/3(5) of BNS read with Section 11(1)(d)/11(1)(k) of Prevention of Cruelty to Animal Act.
3. This is the second journey of the Petitioners to this Court. Petitioner had moved this Court in ABLAPL No.9344 of 2026 and this Court by order dated 17.08.2026 directed release of the Petitioners on
surrendering subject to verification of criminal antecedent.
4. On the assumption that he has one criminal antecedent, the Petitioners have filed this application for release on pre-arrest bail.
5. Learned counsel for the State, on instruction, submits that the present Petitioners are cited as an accused in the following three cases in addition to the case at hand; i. Khamar P.S. Case No.45 of
U/s.498(A)/294/323/506 IPC ii. Khamar P.S. Case No.210 of 2020 U/s.341/294/323/354/307/506 IPC iii. Chhendipada P.S. Case No.143 of 2025 U/s.61(2)/126(2)/115(2)/118(1)/ 118(2)/109 of BNS read with Section 11(2) of Prevention of Cruelty to Animal Act.
6. Considering the nature of allegation and the antecedents including one under Section 109 of the BNS, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners may surrender before the learned S.D.J.M. Pallahara in connection with the aforementioned case within one month from today.
In the event of their surrender and motion for bail, the same be considered by the learned S.D.J.M. Pallahara on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned S.D.J.M. Pallahara, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned S.D.J.M. Pallahara is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
8. Accordingly, the ABLAPL stands disposed of.
9. U.C.C. as per rules.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:43:47 Signature Not Verified