Bipin Mallick v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Indian Penal Code, 1860 ss. 34, 294, 307, 323, 324, 326, 354, 379, 427, 452, 506
Key paragraphs
- Para 99. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-May-2026 20:34:17
Judgment
ORDER 30.04.2026 Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.145 of 2022 pending on the file of learned Civil Judge-cum-J.M.F.C., Niali, arising out of Niali P.S. Case No.158 of 2022, for commission of offences punishable under Sections 452/294/323/427/324/326/307/354/379/506/34 of IPC.
It is submitted by the learned counsel for the Petitioner that since charge sheet has been filed in the case at hand and the co-accused has been released on bail in terms of the order dated
20.05.2022 in ABLAPL No.4605 of 2022, Petitioner may be released on pre-arrest bail.
Learned counsel for the State opposes such prayer, referring to the statements of the injured as well as other materials on record, which indicate that the present Petitioner is the principal aggressor.
In the light of the same, the question of parity pales into insignificance.
Taking into account the filing of charge sheet and the role ascribed, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned Civil Judge-cum-J.M.F.C., Niali 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 Civil Judge-cum-J.M.F.C., Niali on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned Civil Judge-cum-J.M.F.C., Niali, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner 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 and learned Civil Judge- cum-J.M.F.C., Niali 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 criminal antecedents of the Petitioner.
Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-May-2026 20:34:17
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.