Mamata Mallick Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Mamata Mallick Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

ABLAPL No.4481 of 2025 (Sagar Mallick): application for pre-arrest bail not entertained, but he may surrender before the Court in seisin and apply for release on bail, to be considered on its own merit. ABLAPL No.3393 of 2025 (Mamata Mallick and Kangali Mallick): pre-arrest protection granted — in the event of arrest, they are to be released on bail by the Arresting Officer on terms and conditions deemed just and proper, with a condition to cooperate with the investigation; violation of any condition shall entail cancellation of bail.

Issue for consideration

Whether the Petitioners (Mamata Mallick, Kangali Mallick and Sagar Mallick) are entitled to pre-arrest bail in connection with G.R. Case No.236 of 2025 (arising out of Kissannagar P.S. Case No.45 of 2025) for offences punishable under Sections 64(2)(m)/296/115(2)/3(5) of BNS read with Section 66(E) of I.T. Act.

Court's answer

Having taken note of the victim's statement recorded under Section 183 of BNSS, the Court is not inclined to entertain the pre-arrest bail application of Sagar Mallick (principal accused) in ABLAPL No.4481 of 2025.

Ratio / Principle

In the event Sagar Mallick surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

Key takeaways

In the event of arrest of Mamata Mallick and Kangali Mallick in connection with the aforesaid case, they shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper, with the further condition that they cooperate with the investigation.ratio¶35
Violation of any of the above bail conditions shall entail cancellation of bail.ratio¶36

Detailed headnote1 paragraphs

Anticipatory bail — common order disposing of two ABLAPLs arising from the same FIR (Kissannagar P.S. Case No.45 of 2025; G.R. Case No.236 of 2025 pending before J.M.F.C.(IV), Cuttack) for offences punishable under Sections 64(2)(m)/296/115(2)/3(5) of BNS read with Section 66(E) of I.T. Act. After perusing the victim's statement recorded under Section 183 of BNSS, the Court declined to entertain the pre-arrest bail application of Sagar Mallick, the principal accused, with liberty to surrender and seek release on bail on its own merit. His parents, Mamata Mallick and Kangali Mallick, received a protective direction: upon arrest they shall be released on bail by the Arresting Officer on terms deemed just and proper, conditioned on cooperation with the investigation; breach of any condition entails cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3393 of 2025

1. Mamata Mallick

Petitioner

2. Kangali Mallick

Mr. A.K. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

ABLAPL No. 4481 of 2025

Sagar Mallick

…. Petitioner

Mr. A.K. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

22.07.2025

Order No.

03. 1. Since both the ABLAPLs relate to the same FIR, they are heard together on the consent of the parties and are being disposed of by this common order.

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

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.236 of 2025 pending on the file of learned J.M.F.C.(IV), Cuttack arising out of Kissannagar P.S. Case No.45 of 2025 for

Page 1 of 3

commission of offences punishable under Sections 64(2)(m)/296/115(2)/3(5) of BNS read with Section 66(E) of I.T. Act.

Learned counsel for the Petitioners submits that consensual relationship was there. Hence, the Petitioners may be protected by pre-arrest bail.

It is apt to note here that the Petitioners in ABLAPL No.3393 of 2025 are the parents of the principal accused who is the Petitioner in ABLAPL No.4481 of 2025.

Learned counsel for the State opposes the prayer for pre-arrest bail.

This Court perused the statement of the victim recorded under Section 183 of BNSS.

Taking note of the same, this Court is not inclined to entertain the application in respect of the Petitioner (Sagar Mallick) in ABLAPL No.4481 of 2025. However, in the event the said Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

Accordingly, the ABLAPL No.4481 of 2025 in respect of the Petitioner (Sagar Mallick) stands disposed of.

So far as Petitioners (Mamata Mallick & Kangali Mallick respectivley) in ABLAPL No.3393 of

Page 2 of 3

2025 is concerned, it is directed that in the event of arrest of the Petitioners (Mamata Mallick & Kangali Mallick respectivley) in ABLAPL No.3393 of 2025 in connection with the aforesaid case, they shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that they will cooperate with the investigation.

Violation of any of the above condition(s) shall entail cancellation of bail.

Accordingly, the ABLAPLs stand disposed of. U.C.C. as per rules.

(V. NARASINGH) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Jul-2025 14:47:16

Page 3 of 3