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2026 Supreme(Online)(Ori) 2711

IN THE HIGH COURT OF ORISSA AT CUTTACK


BLAPL No. 2427 of 2026


1.Gopal Harijan

2.Naresh Harijan

…. Petitioners


Mr. A. Panda, Advocate


-versus-

State of Odisha

…. Opposite Party


Mr. M.R. Mohanty, AGA


CORAM:

JUSTICE V. NARASINGH


24.04.2026

ORDER

Order No. 01.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are accused in connection with C.T. Case No.20 of 2026, pending on the file of JMFC, Kesinga, arising out of Kesinga P.S. Case No.21 of 2026, for commission of alleged offences under Sections 205/ 310(4)/ 310(5) Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 25(1)(a) of the Arms Act, 1959.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners are relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.483 of BNSS by the learned Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna by order dated 24.02.2026 in the aforementioned case, the present BLAPL has been filed.

5. The prosecution case in brief is that on the alleged date of 26.01.2026 at about 5.30 A. M., on receiving credible information about the preparation of dacoity against the night plying vehicles/road users by 5 to 6 persons at Palam toll gate by using one Mahindra Scorpio vehicle along with the amber beacon Police light, armed with deadly weapons, the informant along with his co-staffs left the place to verify the authenticity of the information. On their arrival at the spot, two persons managed to flee from the spot but he could manage to nab other four. On being asked they disclosed their names as well as of the escaped person.

6. It is submitted by the learned counsel that the Petitioners are in custody since 26.01.2026 and as charge sheet has already been filed, he may be released on bail.

7. Learned counsel for the State opposes such prayer.

8. Considering the nature of allegations and filing of the charge sheet and since the Petitioners have no criminal proclivity, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

9. If it comes to fore that the Petitioners have any criminal antecedent, this order shall not be given effect to.

10. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin for the next three months. Certification of such appearance shall be submitted to the Court in seisin.

11. Accordingly, the BLAPL stands disposed of. U.C.C as per rules.

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