Orissa High Court
Dillip Das And Another vs State Of Odisha .... Opp. Party(S) on 29 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3891 of 2026
Dillip Das and another .... Petitioner(s)
Mr. P. Panigrahi,
Advocate
-versus-
State of Odisha .... Opp. Party(s)
Mr. J. Naik, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 29.04.2026
01.
1.The petitioners are accused in connection with Bhuban P.S. Case No. 149 of 2026 corresponding to G.R. Case No.141 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 109(1)/115(2)/117(2)/126(2)/296/3(5) of BNS, pending in the Court of the learned JMFC, Bhuban.
2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.
3. The prosecution case is that on one Ranjan Barik lodged FIR before the I.I.C. Bhuban Police Station Page 1 of 3 alleging inter alia that on 21.03.2026 at about 10 p.m. the petitioners along with others holding lathi came to near his house and abused in filthy languages, where his mother protested. Dillip Das assaulted to her head by means of bamboo lathi, she sustained injury on her head and fracture injury on her leg. Thereafter Padia Das and Babu Das assaulted him for which he sustained injury.
4. In paragraph-3 of the petition, the petitioners have specifically pleaded as under:-
"That the petitioners are innocent of crime that they never been implicated in any case previously it is only to escape from kidnap case sorts of false allegation."
5. Learned counsel for the petitioners relying upon the judgment of the Hon'ble Supreme Court in Arnesh Kumar vrs. State of Bihar and another, reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI, reported in (2021) 10 SCC 773 submits that the anticipatory bail application of the petitioners may be allowed.
6. Learned counsel for the State opposed the prayer for anticipatory bail. He brought to the notice of the court the injury report, which indicates that one of the injury is grievous in nature, but the same is not in the vital part of the body and the petitioners alleged to have used 'Thenga' for assaulting Achanti Barik, the Page 2 of 3 mother of the informant.
7. Regard being had to the nature of allegation and gravity of offence, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, it is directed that in the event the Petitioners are arrested, they shall be released on bail by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioners shall also be subject to the condition that they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required by the I.O. for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and they shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.
8. The ABLAPL is accordingly disposed of.
(S.S. Mishra) Judge Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2026 20:14:57 Page 3 of 3