Disposed¶16

Baisakhee @ Baisakhi Samal v. State of Odisha

Orissa HC8 Apr 2026ABLAPL/1041/2026

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 482 BNSS; ABLAPL No.1041 of 2026; Aul P.S. Case No.76 of 2022; G.R. Case No.139 of 2022; J.M.F.C. Aul, Kendrapara; SHG fund misappropriation; chargesheet filed; no arrest during investigation completed January 2023; parity with co-accused mother on bail; surrender within a fortnight; release on bail bond Rs.30,000/- with one solvent surety; High Court of Orissa at Cuttack; R.K. Pattanaik; State of Odisha.

What did the court decide?

Petition disposed of with direction to petitioner to surrender before learned J.M.F.C., Aul, Kendrapara within a fortnight; upon surrender, release on bail in G.R. Case No.139 of 2022 on furnishing bail bond of Rs.30,000/- with one solvent surety for the like amount; court below at liberty to impose other suitable conditions. ¶16

Baisakhee @ Baisakhi Samal Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail under Section 482 BNSS in connection with Aul P.S. Case No.76 of 2022 / G.R. Case No.139 of 2022 pending before learned J.M.F.C., Aul, Kendrapara.

¶11

Court's answer

Recording the objection of the State, the Court was not inclined to consider the plea of pre-arrest bail, but favoured directing the petitioner to surrender before the learned court below for being released with suitable conditions.

¶14

Ratio / Principle

The ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., Aul, Kendrapara within a fortnight and, upon such surrender, to be released on bail in G.R. Case No.139 of 2022 on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, the court below being at liberty to impose other suitable conditions.

¶16

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.1041 of 2026) under Section 482 BNSS by Baisakhee@Baisakhi Samal in connection with Aul P.S. Case No.76 of 2022 corresponding to G.R. Case No.139 of 2022 pending before learned J.M.F.C., Aul, Kendrapara, alleging misappropriation of funds of an SHG. Investigation was completed in January 2023, the chargesheet has been filed (Annexure-4), and the petitioner was not arrested during investigation; the co-accused mother is on bail (Annexure-3) and other accused were allowed bail by this Court in 2023, the allegation against the petitioner being similar. Recording the objection of the State, the Court was not inclined to consider the plea of pre-arrest bail but disposed of the petition, directing the petitioner to surrender before the learned J.M.F.C., Aul, Kendrapara within a fortnight and, on compliance, to be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount, leaving the trial court at liberty to impose other suitable conditions.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.1041 of 2026

¶3

Baisakhee@Baisakhi Samal …. Petitioner Mr. A.K. Mohapatra, Advocate -Versus-

¶4

State of Odisha …. Opposite Party Ms. S. Mohanty, ASC

¶5

CORAM:

¶6

MR. JUSTICE R.K. PATTANAIK

ORDER 08.04.2026

Order No.

Heard learned counsel for the respective parties.

¶11

Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Aul P.S. Case No.76 of 2022 corresponding to G.R. Case No.139 of 2022 pending in the court of learned J.M.F.C., Aul, Kendrapara on the grounds stated.

¶12

Perused the FIR as at Annexure-2. It is submitted that the co-accused mother is on bail vide Annexure-3. The allegation is about misappropriation of fund of an SHG. Some other accused persons are allowed to go on bail by this Court in the year, 2023. With the closure of investigation, the chargesheet has been filed, a copy of which is at Annexure-4. The allegation against the petitioner is similar like the coaccused mother, who is on bail. It is claimed that the petitioner does not have any similar antecedent. Since the petitioner was not arrested during investigation, which was completed in the month of January, 2023, this Court recording the objection of

¶13

Page 1 of 2

¶14

the State though not inclined to consider the plea of pre-arrest bail but is in favour of directing the petitioner to surrender before the learned court below for being released with suitable conditions.

¶15

4. Accordingly, it is ordered.

¶16

In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., Aul, Kendrapara within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.139 of 2022 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

¶17

6. Issue urgent certified copy of this order as per rules.

¶18

(R.K. Pattanaik) Judge

¶19

Balaram

¶20

Signature Not Verified

¶21

Digitally Signed Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC, CUTTACK Date: 10-Apr-2026 11:20:56

¶22

Page 2 of 2

Baisakhee @ Baisakhi Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Baisakhee @ Baisakhi Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Banty @ Sk Jafar @ Zafar Vs State of Odisha

Lipu Sahoo @ Rajesh Pradhan Vs State of Odisha

D. Goura Patra @ Goura Patra Vs State of Odisha

Prakash Chandra Swain @ Prakash Swain Vs State of Odisha

Bijay Pradhan @ Tapu Vs State of Odisha

Kanhu Charana Jena Vs State of Odisha