Sk. Diljan Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Sk. Diljan Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; ABLAPL disposed of with direction that petitioner surrender before learned J.M.F.C., Jaleswar, whereupon he shall be released on bail in C.T. Case No.23 of 2026 (Jaleswar P.S. Case No.12 of 2026) on a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to fortnightly reporting to the I.O./police station and an undertaking not to be involved in such nefarious activities; urgent certified copy ordered as per rules.

Issue for consideration

Whether petitioner Sk. Diljan, named in the FIR (Annexure-1) to Jaleswar P.S. Case No.12 of 2026 with his involvement suspected on the basis of confessional statements of co-accused, should be granted pre-arrest bail under Section 482 BNSS in connection with C.T. Case No.23 of 2026 pending before J.M.F.C., Jaleswar.

Court's answer

Pre-arrest bail was not accepted; considering the facts, submissions of counsel, and that the offences are triable by a Magistrate First Class, the Court directed that the petitioner, who is named in the FIR (Annexure-1), should surrender before the learned court below for being released on bail with stringent conditions.

Ratio / Principle

Upon surrender before the court of learned J.M.F.C., Jaleswar, the petitioner is to be released on bail in connection with C.T. Case No.23 of 2026 corresponding to Jaleswar P.S. Case No.12 of 2026 on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, besides such other conditions as deemed just and proper.

Key takeaways

Stringent conditions imposed: the petitioner shall report to the I.O. and attend the police station once a fortnight for the purpose of investigation, and shall furnish an undertaking at the police station that he shall not be involved in any such nefarious activities after being released.ratio¶¶22

Detailed headnote1 paragraphs

Pre-arrest bail (Section 482 BNSS) refused in a lottery-ticket cheating prosecution (Jaleswar P.S. Case No.12 of 2026 / C.T. Case No.23 of 2026, J.M.F.C. Jaleswar): petitioner's involvement rested only on suspected connection and co-accused confessional statements, cash of Rs.91,290/- had been seized from accused caught at the spot, petitioner had one similar prior case, and the offences were triable by a Magistrate First Class. The High Court disposed of the ABLAPL directing the petitioner to surrender before the court below, on which he was to be released on bail on a bond of Rs.30,000/- with one solvent surety, subject to reporting to the I.O./police station once a fortnight and an undertaking not to engage again in such activities.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1371 of 2026

Sk. Diljan

&. Petitioner

Mr. P.C. Jena, Advocate

-Versus-

State of Odisha

&. Opposite Party

Mr. S.K. Lenka, ASC

CORAM: MR. JUSTICE R.K. PATTANAIK

Order

No.

ORDER

10.03.2026

Heard learned counsel for the respective parties.

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.23 of 2026 pending in the file of learned J.M.F.C., Jaleswar arising out of Jaleswar P.S. Case No.12 of 2026 on the grounds stated.

Perused the FIR as at Annexure-1. Mr. Jena, learned counsel for the petitioner submits that the present accused is allegedly involved on the basis of the confessional statements of the co-accused persons named in the FIR. The report reveals that cash of Rs.91,290/- has been recovered and seized from the accused apprehended at the spot by the local police. The allegation therein is that the accused persons were found in possession and selling of the lottery tickets without permission and hence, were cheating the general public. It is informed to

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the Court that the petitioner is having one more criminal case of similar nature. Recorded the objection of the State. The possession of lottery tickets is found from three accused persons named in the FIR. The petitioner9s involvement is suspected. The alleged seizure is from the accused persons caught at the spot. Considering the above facts and submissions of learned counsels for the respective parties and that the offences are triable by a Magistrate First Class, this Court is of the view that the petitioner, who is named in the FIR as at Annexure-1 should be directed to surrender before the learned court below for being released on bail with stringent conditions instead of accepting his plea for pre-arrest bail.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C., Jaleswar, it is directed that he shall be released on bail in connection with C.T. Case No.23 of 2026 corresponding to Jaleswar P.S. Case No.12 of 2026 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall report the I.O. and attend the PS once in a fortnight for the purpose of investigation and to furnish an undertaking at the PS

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that he shall not be involved in any such nefarious activities after being released.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

Rojina

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 12-Mar-2026 14:18:56

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