Orissa High Court
CRLMC/3032/2026 of DIPAK SWAIN@DEEPAK SWAIN@BABU Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3032 of 2026 CNR No. ODHC010663952026 Dipak Swain@ Deepak Swain@ Babu ..... Petitioner Represented by Adv. - Bijay Kumar Behera -versus- State Of Odisha ..... Opp. Party Represented by Adv. – P.K. Mohanty, A.S.C. CORAM: THE HON’BLE
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3032 of 2026
CNR No. ODHC010663952026
Dipak Swain@ Deepak
Swain@ Babu
.....
Petitioner
Represented by Adv. -
Bijay Kumar Behera
-versus-
State Of Odisha
.....
Opp. Party
Represented by Adv. –
P.K. Mohanty, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. This is an application under Section 528 of BNSS has been filed by the Petitioner with a prayer to quash the entire proceeding in connection with Chandaka P.S Case No.195 of 2026, corresponding to G.R Case No.795 of 2026 in the file of learned JMFC-O, Bhubaneswar, for alleged commission of offences under Sections 109(1)/351(2) of BNS.
4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the points at the time of
Page 2 of 2. framing of charge by filing a discharge application. He further submitted that the Petitioner wants to surrender before the court below and cooperate with the trial for an early conclusion of the trial.
5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.
6. Further, taking into consideration the submissions made by learned counsel for the Petitioner, this Court grants liberty to the Petitioner to surrender before the learned JMFC-O, Bhubaneswar in the aforesaid case in the first hour within three weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.
7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:28 Signature Not Verified