Orissa High Court
ABLAPL/9329/2026 of SITU BHUTIA Vs STATE OF ODISHA on 17 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9329 of 2026 CNR No. ODHC010604712026 1. Situ Bhutia 2. Jaydeep @ Joydeep Behera …. Petitioners Mr. B.P. Nanda, 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. 9329 of 2026
CNR No. ODHC010604712026
1. Situ Bhutia
2. Jaydeep @ Joydeep
Behera
….
Petitioners
Mr. B.P. Nanda, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
17.08.2026
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.1425 of 2026 pending on the file of learned S.D.J.M., Talcher, arising out of Talcher P.S. Case No.793 of 2026 for commission of offences punishable under Section 309(6) of BNS.
3. At the outset, it is submitted that ABLAPL in respect of Petitioner No.2 has been rendered infructuous, since he has been taken to custody.
4. Accordingly, the ABLAPL in respect of Petitioner No.2 is disposed of as infructuous.
5. It is also stated that Petitioner No.2, who was taken to custody, has been released on bail. Hence, on the ground of parity, Petitioner No.1 seeks release on pre-arrest bail.
6. Learned counsel for the State, while opposing the prayer for pre-arrest bail, submits that Petitioner No.1 has the following five criminal antecedents; i. Talcher P.S. Case No.474 of
U/s.294/323/506 IPC ii. Talcher P.S. Case No.292 of
U/s.294/323/341/506/34 of IPC read with Section 3(1)(r)/3(1)(s)/3(2)(va) of SC and ST Act. iii. Talcher P.S. Case No.2 of
U/s.294/323/506/34 IPC iv. Talcher P.S. Case No.589 of
U/s.147/148/149/294/307/323/324/341/ 427/ 506 IPC v. Talcher P.S. Case No.1108 of
U/s.296/324(4)/329(4)/3(5) of BNS
7. Considering the same, 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 release on bail, the same shall be considered on its own merit.
Ground of parity, if so urged, shall be taken into account.
8. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 20:19:49 Signature Not Verified