ABLAPL/7700/2026 of DEBASISH MALIK @ NANDU Vs STATE OF ODISHA on 25 August 2026

ORDER

25.08.2026

03.

1. Since all the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together for consideration and 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.630 of 2026 pending on the file of learned J.M.F.C., Aul, Kendrapara arising out of Aul P.S. Case No.259 of 2026 for commission of offences punishable under Sections 126(2), 115(2), 109, 296 and 3(5) of BNS, 2023.

4. Learned counsel for the State, on instructions submits that except the Petitioner in ABLAPL No.8800 of 2026, the overt act is not attributed to any of the Petitioners in the other two application.

5. Considering the same, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners (Debasish Malik@ Nandu and Tangi Malik @ Sinu Mallick resepctively) in ABLAPL No.7700 and 7827 of 2026 respectively shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

6. So far as the ABLAPL in respect of Petitioners in ABLAPL No.8800 of 2026 is concerned, taking into account their criminal proclivities as stated, this Court is not inclined to entertain the application for pre- arrest bail in respect of the said Petitioners. However, it is directed that the said Petitioners (Guni @ Subham Malik and Akash Malik respectively) may surrender before the learned J.M.F.C., Aul, Kendrapara 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., Aul, Kendrapara 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., Aul, Kendrapara, the said 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 endeavor to dispose of the bail application of the said Petitioners on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the said Petitioners and learned J.M.F.C., Aul, Kendrapara is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.

Ground of parity, if any, may be considered by the learned court(s) below.

8. Accordingly, the ABLAPL stands disposed of.

9. U.C.C. as per rules.

(V. NARASINGH)

Judge

Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2026 12:01:32 Signature Not Verified