BLAPL/7027/2026 of DEBI PRASAD MALLIA @ VICKY Vs STATE OF ODISHA on 3 September 2026

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Lingaraj PS Case No.26 of 2025 corresponding to CT Case No.173 of 2025 pending in the file of learned 3rd Additional Sessions Judge, Bhubaneswar, Khurdha, for commission of offences punishable U/Ss.331(4)/ 305/313/111(3)/317(4)/61(2)(a)/3(5) of BNS, on the main allegation of committing theft by breaking upon the ATM in the night, along with co-accused persons.

2. Heard, Mr. Bibhu Prasad Tripathy, learned Senior Counsel, who enters appearance for the petitioner in Court today along with Mr. Parth Agrawal, learned counsel for the petitioner by filing appearance memo, which is taken on record, and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record.

3. Admittedly, the petitioner was granted bail by this Court in BLAPL No.190 of 2026, but subject to verification of his criminal antecedents, however, the petitioner being found to have six criminal antecedents to his credit, the benefit of the said order was not extended to him. In the meantime, the petitioner has filed a comprehensive affidavit indicating therein eight criminal cases registered against him, but he has supplied documents to show that he has been acquitted in two cases out of these eight cases remaining six cases to his credit. Besides, the petitioner is in custody since 01.03.2025, but in the meantime, more than one and half years have elapsed, however, the trial is yet to be concluded. Additionally, the FIR is registered against unknown persons and co-accused persons standing on similar footing have already been granted bail. In the aforesaid premises and on consideration of materials placed on record keeping in view the mode & manner of implication of the present petitioner in this case and the grant of bail to number of co-accused persons, this Court without expressing any view on merits admits the petitioner to bail.

4. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

(i) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

5. The IIC of jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

6. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy)

Judge

Orissa High Court, Cuttack, Dated the 3rd day of September, 2026/Subhasmita Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 19:50:40 Signature Not Verified