Orissa High Court

CRLMC/2838/2026 of BISHNU KALIA @ BITUA KALIA @ BITU Vs STATE OF ODISHA on 19 August 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2838 of 2026 CNR No. ODHC010616722026 Bishnu Kalia @ Bitua Kalia @ Bitu ..... Petitioner Represented by Adv. - Gourav Mohanty -versus- State Of Odisha ..... Opp. Party Represented by Adv. – B.L. Tripathy, A.S.C. CORAM: THE HON’BLE

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2838 of 2026

CNR No. ODHC010616722026

Bishnu Kalia @ Bitua Kalia

@ Bitu

.....

Petitioner

Represented by Adv. -

Gourav Mohanty

-versus-

State Of Odisha

.....

Opp. Party

Represented by Adv. –

B.L. Tripathy, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

19.08.2026 Order No.

01.

1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. This is an application under Section 482 of Cr.P.C has been filed by the Petitioner with a prayer to quash the entire proceeding in connection with Pipili P.S Case No.175 of 2017, corresponding to G.R Case No.270 of 2017 in the file of learned JMFC, Pipili, for alleged commission of offences under Sections 147/148/149/341/ 506/302/323/294/379 of IPC.

4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to raise all the points at a later stage of

Page 2 of 2. the trial by filing an appropriate application. He further submitted that the Petitioner wants to surrender before the court below and cooperate with the trial for an early conclusion of the trial.

5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

6. Further, taking into consideration the submissions made by learned counsel for the Petitioner, this Court grants liberty to the Petitioner to surrender before the learned JMFC, Pipili in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Aug-2026 15:53:15 Signature Not Verified

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