ABLAPL/8683/2026 of AJAY POLEI Vs STATE OF ODISHA on 2 September 2026

ORDER

02.09.2026

02.

1. Since all the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1022 of 2026 pending on the file of learned J.M.F.C., (Cog.-III), Bhubaneswar, arising out of Sahidnagar P.S. Case No.369 of 2026 for commission of offences punishable under Sections 126(2)/ 296/ 351(2)/ 118(1)/ 3(5) of BNS read with Section 25(1)(a) of Arms Act.

4. It is submitted by the learned counsel for the Petitioners that the incident happened on account of conducting Ganesh Puja without any premeditation and that ought to weigh with this Court in considering the prayer for pre-arrest bail.

5. Learned counsel for the State opposes the prayer for pre-arrest bail during currency of investigation.

6. Taking into account the nature of allegation and the background in which the same is levelled, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners in ABLAPL No.8734 and 8839 of 2026 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.

7. If it comes to the fore that the Petitioners in ABLAPL No.8734 and 8839 of 2026 have any such criminal antecedent, this order shall not be given effect to.

8. It is needless to state that the Petitioners in ABLAPL No.8734 and 8839 of 2026 shall cooperate with the ongoing investigation.

9. So far as Petitioner in ABLAPL No.8683 of 2026 is concerned, taking into account his criminal proclivity, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner in ABLAPL No.8683 of 2026. However, it is directed that Petitioner in ABLAPL No.8683 of 2026 may surrender before the learned J.M.F.C., (Cog.-III), Bhubaneswar in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., (Cog.-III), Bhubaneswar 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., (Cog.-III), Bhubaneswar, the Petitioner in ABLAPL No.8683 of 2026 is at liberty to move the higher forum for bail in the second hour on the same day.

10. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner in ABLAPL No.8683 of 2026 on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner in ABLAPL No.8683 of 2026 and learned J.M.F.C., (Cog.-III), Bhubaneswar 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. The forums below are requested to verify the criminal antecedent of Petitioner in ABLAPL No.8683 of 2026.

11. If it comes to the fore that the Petitioner in ABLAPL No.8683 of 2026 has more than three criminal antecedents, this order shall not be given effect to.

12. Accordingly, all the ABLAPLs stand disposed of.

13. 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: 03-Sep-2026 20:56:57 Signature Not Verified