ABLAPL/10236/2026 of PRAKASH CHANDRA NAIK Vs STATE OF ODISHA on 9 September 2026

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.148 of 2025 pending on the file of learned J.M.F.C., Barbil arising out of Bamibari P.S. Case No.24 of 2025 for commission of offences punishable under Sections 109(1)/ 190/ 191(2)/ 191(3)/351(2) of BNS, 2023.

3. It is submitted by the learned counsel for the Petitioners that omnibus allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.

4. Learned counsel for the State opposes the prayer for pre-arrest bail inter alia on the ground that the co-accused similarly circumstanced has been taken to custody and all the injured persons have suffered several injuries though categorized as simple.

5. Learned counsel for the Petitioners submits that in the meanwhile co-accused has been released on bail.

6. Taking into account the nature of allegations and the statement of the injured and the injury report, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioners may surrender before the learned J.M.F.C., Barbil 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 J.M.F.C., Barbil on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Barbil, 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 Petitioner on the same day.

The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C., Barbil 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. Learned Court in seisin is requested to verify criminal antecedent of the Petitioners of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.

9. The ABLAPL is accordingly disposed of.

(V. NARASINGH)

Judge

Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 18:42:03 Signature Not Verified