Orissa High Court
ABLAPL/9847/2026 of NASIR ALI @ SK. NASIR Vs STATE OF ODISHA on 28 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9847 of 2026 CNR No. ODHC010612122026 1. Nasir Ali @ Sk. Nasir 2. Sk. Sarphul@ sk. Sarful 3. Sk. Asgar alli@ sk. Asgar@ Kunu …. Petitioners Mr. S.R. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9847 of 2026
CNR No. ODHC010612122026
1. Nasir Ali @ Sk. Nasir
2. Sk. Sarphul@ sk.
Sarful
3. Sk. Asgar alli@ sk.
Asgar@ Kunu
….
Petitioners
Mr. S.R. Panda, 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.20 of 2025 pending on the file of learned JMFC, Ghatgaon arising out of Ghatgaon P.S. Case No.217 of 2025 for commission of offences punishable under Section 303(2) and 3(5) of BNS, 2023, r/w Section 11(1)(a) of P.C.A. Act, 1960.
3. Admittedly, this is the second journey of the Petitioners to this Court. By order dated 23.04.2026 this Court was not inclined to entertain the prayer of the Petitioners in ABLAPL No.2886 of 2026 and directed them to surrender and move for bail.
4. It is submitted by the learned counsel that the Petitioners have been falsely implicated in the case and hand and could not avail such order because of supervening circumstances. Hence, they may be protected by pre-arrest bail.
5. Learned counsel for the State submits that since the Petitioners have did not approach this Court in a clean hand, no indulgence to shown him.
6. Considering the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned JMFC, Ghatgaon 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, Ghatgaon on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned JMFC, Ghatgaon, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioners 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 Petitioners and learned JMFC, Ghatgaon 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.
8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge
Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2026 16:22:13 Signature Not Verified