Orissa High Court
ABLAPL/8636/2026 of AJIT MAHALIK @ AJIT KUMAR MAHALIK Vs STATE OF ODISHA on 2 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8636 of 2026 CNR No. ODHC010528302026 Ajit Mahalik @ Ajit Kumar Mahalik …. Petitioner Ms. U. Pati, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 02.09.2026 03.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8636 of 2026
CNR No. ODHC010528302026
Ajit Mahalik @ Ajit
Kumar Mahalik
….
Petitioner
Ms. U. Pati, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
02.09.2026
03.
1. Learned counsel for the Informant submits that he has filed the Vakalatnama today (02.09.2026).
Registry is requested to verify the same and reflect the name of learned counsel for the Informant, in the file, cause list as well as Web Portal of this Court.
2. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.
3. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.561 of 2026 pending on the file of learned J.M.F.C., Balasore, arising out of Gopalpur P.S. Case No.119 of 2026, for commission of offences punishable under sections 64(1)/296/303 (2)/351(2) of BNS.
4. It is submitted by the learned counsel for the Petitioner that the alleged occurrence took place on 19.05.2026 and the FIR in question was filed on 28.05.2026 and there is no explanation for the delay and the same assumes significance in view of the medical report indicating that there is no forcible sexual act.
5. It is submitted that since charge sheet has been filed, the Petitioner may be protected by pre-arrest bail.
6. Learned counsel for the State as well as Informant oppose the prayer for pre-arrest bail.
7. This Court perused statement of the victim recorded under Section 183 of BNSS and the statement of the independent witnesses including the neighbors which prima facie lends credence to the allegations.
8. Taking into account the nature of allegations and the materials on record, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Balasore 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., Balasore 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., Balasore, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
9. 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 Petitioner and learned J.M.F.C., Balasore is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
10. The ABLAPL is accordingly disposed of. U.C.C. as per rules.
(V. NARASINGH) Ayesha
Judge Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Sep-2026 20:56:04 Signature Not Verified