ABLAPL/9136/2026 of KANHU CHARAN PRADHAN Vs STATE OF ODISHA on 27 August 2026

ORDER

27.08.2026

01.

1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.342 of 2025 pending on the file of learned J.M.F.C., Bhapur, arising out of Fategarh P.S. Case No.358 of 2025 for commission of offences punishable under Sections 189(2)/ 132/ 329(4)/ 190 of BNS.

4. It is submitted by learned counsel that the Petitioners in ABLAPL No.9136 of 2026 were before this Court as Petitioner Nos.12, 7, 4, 9, 8, 6 and 13 respectively and the Petitioner in ABLAPL No.5522 of 2026 was also before this Court as the Petitioner No.3 in ABLAPL No.13899 of 2025.

5. It is submitted that the said ABLAPL (ABLAPL No.13899 of 2025) was disposed of by order dated 15.12.2025 directing the Petitioners to be released on pre-arrest bail on surrendering subject to verification of antecedent.

6. Learned counsel for the Petitioners in ABLAPL 9136 of 2026 does not want to press the application in respect of Petitioner No.7 (Anil Kumar Bairiganjan).

7. Since admittedly Petitioner No.7 in ABLAPL 9136 of 2026 has no criminal proclivity, it is made clear that it shall be open for him to take steps in accordance with the earlier order dated 15.12.2025 in ABLAPL No.13899 of 2025 and taking into account the oral submission made by the learned counsel, the time limit as fixed stands extended by further period of three weeks in respect of said Petitioner No.7.

8. So far as the other Petitioner Nos. 1 to 6 in ABLAPL No.9136 of 2026 as well as the Petitioner in ABLAPL No.5522 of 2026 are concerned, it is not in dispute that the said Petitioners have antecedents and so far as the Petitioner in ABLAPL No.5522 of is concerned, details explaining his six antecedents have been given which indicates that he is cited as an accused in one Fategarh P.S. Case No.71 of 2012 under Section 302/ 120-B of BNS.

9. Considering the nature of allegations being inter alia under Section 132 of BNS, this Court is not inclined to entertain these applications for pre-arrest bail.

10. However, it is directed that the Petitioner may surrender before the learned J.M.F.C., Bhapur, in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Bhapur, 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., Bhapur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

11. 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 Petitioner and learned J.M.F.C., Bhapur, 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.

12. It is made clear that while taking up the matter as above, so far as the other antecedent of the Petitioner in ABLAPL No.5522 of 2026 is concerned, shall not weigh with this Court in view of the recital in Paragraph-5 of the ABLAPL which, for brevity is extracted hereunder:- “That Petitioner thereafter verified the said report found that the criminal antecedents shown in the report against him related to certain cases where he was continuing on bail without trial having commenced while in some of them he has not been named in the charge-sheet which had been foisted falsely by his political rivals and while not admitting the same submits that if the allegations in the present FIR are accepted even then no prima-facie case is made out against him to warrant his custodial remand in this FIR. In Fategarh P.S. Case No. 71 of 2012 he is on bail; in Fategarh P.S. Case No. 100 of 2012 & 75 of 2016 he has not been charge-sheeted while in Fategarh P.S. Case No.62 of 2012 & 91 of 2015 he stands acquitted while Fategarh P.S. Case No.48 of 2019 has resulted in Final Report and therefore the existence of antecedents has also been fabricated”

13. Before parting with this case, Registry is requested to ensure that in any bail application which is moved for the second time, the parties shall indicate the serial number in which their names appeared in the earlier bail application.

Registrar (Judicial) shall take necessary follow up action.

14. Accordingly, both the ABLAPLs stand disposed of.

U.C.C. as per rules.

(V. NARASINGH)

Judge

Mili Digitally Signed Signed by: MILI MAHARANA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Aug-2026 17:40:21 Signature Not Verified