Orissa High Court
ABLAPL/9303/2026 of TAPAN CHOUDHURY Vs STATE OF ODISHA on 25 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9303 of 2026 CNR No. ODHC010549492026 1. Tapan Choudhury 2. Nalini Choudhury …. Petitioners Mr. J. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9303 of 2026
CNR No. ODHC010549492026
1. Tapan Choudhury
2. Nalini Choudhury
….
Petitioners
Mr. J. Sahoo, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
25.08.2026
02. 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.155 of 2026 pending on the file of learned J.M.F.C., Chilika, arising out of Nachuni P.S. Case No.77 of 2026 for commission of offences punishable under Section 115(2)/ 117(2)/ 118(1)/ 126(2)/ 296/ 3(5)/ 351(3)/ 74/ 76 of BNS read with Section 27 of Arms Act.
3. It is submitted by the learned counsel that the Petitioners were before this Court in ABLAPL No.3925 of 2026 and considering their involvement, this Court was not inclined to entertain the application for pre- arrest bail and direction was given to surrender and seek bail.
4. It is submitted that notwithstanding the disposal of the earlier bail application, there is no embargo for filing the present application in as much as the same is for pre-arrest bail.
5. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that there is no change in circumstance.
6. Considering the nature of allegation and the overt act having been attributed to Petitioner No.1, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1. However, in the event the Petitioner No.1 surrenders before the learned Court in seisin in the aforesaid case and moves an application for their release on bail, the same shall be considered on its own merit.
7. So far as Petitioner No.2 is concerned, it is directed that this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.2 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2026 17:45:59 Signature Not Verified