Orissa High Court
ABLAPL/9628/2026 of BALARAM DAS Vs STATE OF ODISHA on 21 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9628 of 2026 CNR No. ODHC010624492026 1. Balaram Das 2. Soni Chand @ Pravati Chand 3. Lati Das @ Lata Das …. Petitioners Mr. K. K. Gaya, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9628 of 2026
CNR No. ODHC010624492026
1. Balaram Das
2. Soni Chand @
Pravati Chand
3. Lati Das @ Lata Das
….
Petitioners
Mr. K. K. Gaya, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
21.08.2026
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.260 of 2026 pending on the file of learned J.M.F.C. Kakatpur, arising out of Kakatpur P.S. Case No.265 of 2026 for commission of offences punishable under Section 109/ 115(2)/ 117(2)/ 118(1)/ 133/ 296/ 3(5)/ 324(4)/ 329(3)/ 329(4)/ 351(2)/ 74 of BNS.
3. It is submitted by the learned counsel for the Petitioners that because of the counter case, Petitioners have been falsely implicated in the case at hand. And, on instruction, it is submitted that in fact in the counter case Petitioner No.1 has sustained injuries. Hence, the Petitioners may be protected by pre-arrest bail.
4. Learned counsel for the State submits that such submission is irrelevant, taking into account the manner in which the overt act has been committed.
5. Considering the rival submission, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1. However, it is directed that Petitioner No.1 may surrender before the learned J.M.F.C. Kakatpur 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. Kakatpur 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. Kakatpur, the Petitioner No.1 is 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 No.1 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.1 and learned J.M.F.C. Kakatpur 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. The forums below are requested to verify the nature of injury.
If it comes to the fore that the injured has suffered any grievous injury, this order shall not be given effect to.
7. So far as Petitioner Nos.2 and are concerned, taking into account that they are ladies, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.2 and 3 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
8. It is needless to state that the Petitioner Nos.2 and 3 shall cooperate with the ongoing investigation.
9. Accordingly, the ABLAPL stands disposed of.
10. 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: 21-Aug-2026 19:22:42 Signature Not Verified