Orissa High Court
ABLAPL/280/2025 of SANJAYA PAIKRAY @ SANJAY PAIKRAY Vs STATE OF ODISHA on 28 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.280 of 2025 CRN No.ODHC010907772024 1. Sanjaya Paikaray @ Sanjay Paikray 2. Sumit Paikaray @ Sumit Paikray …. Petitioners Mr.D. Acharya, Advocate -versus- Kasturi Panda, IAS …. Opposite Party Mr.C.R.Swain, AGA CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.280 of 2025
CRN No.ODHC010907772024
1. Sanjaya Paikaray @
Sanjay Paikray
2. Sumit Paikaray @ Sumit
Paikray
….
Petitioners
Mr.D. Acharya, Advocate
-versus-
Kasturi Panda, IAS
….
Opposite Party
Mr.C.R.Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
28.08.2026
03.
1. In pursuance of order dated 25.08.2026, Sri Parmar Smit Parshottamdas, IPS, Superintendent of Police, Khordha is present through virtual mode.
Sri Umesh Kumar Sahoo, the Inspector-in-Charge of Khordha Industrial P.S. and Sri Ashok Kumar Mohanty, the I.O. of the case are present before this Court in person.
2. The Superintendent of Police, Khordha assures this Court that necessary instructions would be submitted in time, which would not necessitate this Court directing personal appearance of the officers concerned.
3. Hoping that necessary corrective steps would be taken, no further order need be passed in this regard.
Accordingly, personal appearance of the officers, in terms of order dated 25.08.2026, is dispensed with.
4. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1022 of 2024, arising out Khurda Industrial P.S. Case No.272 of 2024 pending on the file of learned S.D.J.M., Khordha for commission of offences punishable under Sections 25/27/118(1)/ 127(2)/140(3)/296/3(5)/304/324(4)/351(3) of BNS, 2023.
5. Counsel for the Petitioners submits that because of the counter case, exaggeration allegations have been made and the Petitioners have been falsely implicated in this case. Hence, they may be protected by pre-arrest bail.
6. Learned counsel for the State, while opposing the prayer for pre-arrest bail on account of criminal proclivity, very fairly submits that the injured persons have sustained simple injuries.
7. Considering the rival submission and keeping in view the fact that the Petitioners have criminal proclivity, this Court is not inclined to entertain this application of the Petitioners for pre-arrest bail. However, it is directed that they may surrender before the learned S.D.J.M., Khordha in connection with the aforementioned case within one month from today.
8. In the event of their surrender and motion for bail, the same be considered by the learned S.D.J.M., Khordha on merits, in the first hour of the day.
9. In the event of rejection of the prayer for bail by the learned S.D.J.M., Khordha the Petitioners are 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 Petitioners on the same day.
11. 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., Khordha is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
12. The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(V. Narasingh)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 29-Aug-2026 15:40:39 Signature Not Verified