Orissa High Court
ABLAPL/9856/2026 of BALMIKI GOUDA Vs STATE OF ODISHA on 28 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9856 of 2025 CNR No. ODHC010646622026 1. Balmiki Gouda 2. Krushnaballabha Nahak @ Krishnaballav Nayak …. Petitioners Mr. S.K. Mahanty, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9856 of 2025
CNR No. ODHC010646622026
1. Balmiki Gouda
2. Krushnaballabha
Nahak @ Krishnaballav
Nayak
….
Petitioners
Mr. S.K. Mahanty, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
28.08.2026
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.94 of 2026 pending on the file of learned J.M.F.C., Sheragada arising out of Sheragada P.S. Case No.81 of 2026 for commission of offences punishable under Section 191/192/126(2)/115(2)/118(1)/351(2)/109(1)/190 of BNS, 2023 read with Section 25(1-B)/27 of Arms Act, 1959.
3. Learned counsel for the Petitioners submits that exaggerated allegations have been made so far as the injury is concerned. Hence, the Petitioners may be protected by pre-arrest bail.
4. It is apt to note here that while dealing with the case of the co-accused, this Court by order dated 15.07.2026 in ABLAPL Nos.6815 of 2026, 6161 of 2026 and 6169 of 2026 while disposing of the said ABLAPLs, had taken note of the injury being grievous.
5. Considering the same, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioners may surrender before the learned J.M.F.C., Sheragada 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 J.M.F.C., Sheragada 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., Sheragada, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
6. 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 J.M.F.C., Sheragada 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.
7. Learned Court in seisin is requested to verify criminal antecedent of the Petitioners of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.
8. 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: 29-Aug-2026 14:50:11 Signature Not Verified