Orissa High Court
ABLAPL/9803/2026 of SWAGAT KUMAR NAIK Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9803 of 2026 CNR No. ODHC010618812026 1. Swagat Kumar Naik 2. Kundan Naik 3. Prabhat Naik …. Petitioners Mr. C. Rout, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9803 of 2026
CNR No. ODHC010618812026
1. Swagat Kumar Naik
2. Kundan Naik
3. Prabhat Naik
….
Petitioners
Mr. C. Rout, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
01.09.2026
02. 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.1127 of 2020 pending on the file of learned S.D.J.M., Talcher arising out of Bikrampur FCI P.S. Case No.105 of 2020 for commission of offences punishable under Section 147/148/323/427/109/385/506/149/120-B/307 of IPC.
3. It is submitted by the learned counsel that the Petitioners were before this Court in ABLAPL No.9210 of 2020 and by order dated 12.04.2022, this Court granted them leave to surrender and seek bail.
4. It is submitted that because of overwhelming circumstances, the Petitioners could not avail the said order.
5. It is further submitted by the learned counsel that since the injuries are simple, the Petitioners may be protected by pre-arrest bail.
6. Learned counsel for the State opposes the prayer for pre-arrest bail.
7. Taking into account that all the Petitioners have criminal proclivity, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioners may surrender before the learned S.D.J.M., Talcher 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., Talcher 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., Talcher, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
8. 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 S.D.J.M.,
Talcher 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.
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: 02-Sep-2026 19:15:09 Signature Not Verified