Orissa High Court
ABLAPL/9907/2026 of HIMANSHU DAS Vs STATE OF ODISHA on 29 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9907 of 2026 CNR No. ODHC010641662026 1. Himanshu Das 2. Kuba @ Rabindra Mahallik 3. Nana @ Jaga Das 4. Pabi Das 5. Rabindra Mahalik 6. Sumit Kumar Singh …. Petitioners Mr. A . Mishra, Advocate -versus- State of Odisha …. Opposite
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9907 of 2026
CNR No. ODHC010641662026
1. Himanshu Das
2. Kuba @ Rabindra
Mahallik
3. Nana @ Jaga Das
4. Pabi Das
5. Rabindra Mahalik
6. Sumit Kumar Singh
….
Petitioners
Mr. A. Mishra, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
29.08.2026
01. 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.285 of 2026 pending on the file of learned JMFC, Chandbali, arising out of Chandbali P.S. Case No.156 of 2026 for commission of offences punishable under Section 303(2) of BNS, 2023.
3. It is submitted by the learned counsel that the present Petitioners were before this Court in ABLAPL No.8783 of 2026 and this Court by order dated
03.08.2026 directed them to surrender and be release on bail subject to verification of criminal antecedent.
4. It is submitted by the learned counsel for the Petitioners that, inadvertently, it could not be brought to the notice of this Court that the present Petitioners have criminal antecedents. The same have stated in paragraph-5 of the bail application. For brevity, the same is culled out hereunder: “xxx xxx xxx
............But during their surrendering it is found that the Petitioner No.1 is having one criminal antecedent, Petitioner No.2 is having five cases, Petitioner No.3 is having two cases, Petitioner No.4 is having five cases and Petitioner No.5 is having two cases for which the petitioners could not avail the order dated 03.08.2026. xxx xxx xxx”
5. On instruction, learned counsel for the Petitioner submits that the accusation is of similar in nature.
6. Learned counsel for the State opposes such prayer since the Petitioners did not approach this Court with clean hand.
7. Taking into account the criminal proclivity of the Petitioner No.2 and 4 (Kuba @ Rabindra Mahallik, Pabi Das), this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.2 and 4 (Kuba @ Rabindra Mahallik, Pabi Das). However, in the event the Petitioner No.2 and 4 (Kuba @ Rabindra Mahallik, Pabi Das) surrender before the learned Court in seisin and move an application for their release on bail, the same shall be considered on its own merit.
8. So far as the Petitioner Nos.1,3,5 and 6 (Himanshu Das, Nana @ Jaga Das, Rabindra Mahalik and Sumit Kumar Singh) are concerned, taking into account the nature of allegations, it is directed that the Petitioner Nos.1,3,5 and 6 may surrender before the learned JMFC, Chandbali 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 JMFC, Chandbali on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned JMFC, Chandbali, the Petitioner Nos.1,3,5 and 6 are 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 endeavour to dispose of the bail application of the Petitioner Nos.1,3,5 and 6 on the same day on merit in accordance with law. `
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner Nos.1,3,5 and 6 and learned JMFC, Chandbali 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.
10. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2026 17:53:11 Signature Not Verified