Disposed¶29

Debendra Choudhury v. State of Odisha

Orissa HC9 Jul 2026ABLAPL/3994/2026

Case brief

AI extract

What is this about?

Keywords: pre-arrest bail; anticipatory bail; Section 482 BNSS; ABLAPL; chargesheet filed; closure of investigation; Section 302 IPC; Section 304 IPC; SC and ST (PoA) Act; HRPC P.S. Case No.1 of 2017; Spl. G.R. Case No.09 of 2026; G.R. Case No.2158 of 2016; 1st Addl. Sessions Judge Rourkela; appear before Special Court; released with suitable conditions; High Court of Orissa at Cuttack; ABLAPLs disposed; Pragnya Pritam Jena; Debendra Choudhury.

What did the court decide?

No fresh pre-arrest bail order issued; petitioners directed to appear before the learned Special Court to be released with suitable conditions imposed; both ABLAPLs disposed of. ¶29

Debendra Choudhury Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

No fresh pre-arrest bail order issued; petitioners directed to appear before the learned Special Court to be released with suitable conditions imposed; both ABLAPLs disposed of.

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Issue for consideration

Whether pre-arrest bail should be granted to the petitioners under Section 482 BNSS in connection with HRPC P.S. Case No.1 of 2017 / Spl. G.R. Case No.09 of 2026 relating to G.R. Case No.2158 of 2016. +1 more

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Court's answer

Since the chargesheet had been filed in 2025 with the closure of the investigation, and the petitioners were already on bail by this Court's orders in ABLAPL Nos.778 of 2017 and ABLAPL No.5619 of 2018 for the original Section 302 IPC offence, this Court directed the petitioners to appear before the learned Special Court for being released with suitable conditions imposed, rather than granting fresh pre-arrest bail.

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Ratio / Principle

On that basis, the Court disposed of both ABLAPLs.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (R.K. Pattanaik, Judge), order dated 09.07.2026: Two petitions under Section 482 BNSS (ABLAPL No.3983 of 2026 by Pragnya Pritam Jena; ABLAPL No.3994 of 2026 by Debendra Choudhury & others) sought pre-arrest bail in connection with HRPC P.S. Case No.1 of 2017, corresponding to Spl. G.R. Case No.09 of 2026 relating to G.R. Case No.2158 of 2016, pending before the learned 1st Addl. Sessions Judge, Rourkela. The chargesheet (Annexure-2) had been filed in 2025 with closure of the investigation for an offence under Section 304 IPC with allied offences including one under the SC and ST (PoA) Act; the petitioners were already on bail by this Court's earlier orders in ABLAPL Nos.778 of 2017 and ABLAPL No.5619 of 2018 for the original offence under Section 302 IPC. Finding fresh pre-arrest bail unnecessary, the Court directed the petitioners to appear before the learned Special Court for release with suitable conditions imposed and disposed of both ABLAPLs. No precedents cited; no monetary amounts involved.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3983 of 2026

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Pragnya Pritam Jena

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…. Petitioner

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Mr. B. B. Routray, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party

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Smt. Siva, Mohanty, ASC

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And

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ABLAPL No.3994 of 2026

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Debendra Choudhury & others

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…. Petitioners

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Mr. B. B. Routray, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party Smt. Siva, Mohanty, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK ORDER

09.07.2026

Order No.

Both the ABLAPLs are taken up for orders.

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Heard learned counsel for the respective parties.

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Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with HRPC P.S. Case No.1 of 2017 corresponding to Spl. G.R. Case No.09 of 2026 relating to G.R. Case No.2158 of 2016 pending in the file of learned 1^st Addl. Sessions Judge, Rourkela on the grounds stated therein.

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Perused the FIR as at Annexure-1. Recorded the submissions of Mr. Routray, learned counsel for the petitioners

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Page 1 of 2

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and State. In the meantime, the chargesheet has been filed as per Annexure-2 for an offence under Section 304 IPC with other allied offences including the one under SC and ST (PoA) Act. The petitioners are on bail by this Court’s order in ABLAPL Nos.778 of 2017 and ABLAPL No.5619 of 2018 for the original offence under Section 302 IPC. Recorded the response of the State. Since in the meantime the chargesheet is filed in the year 2025 with the closure of the investigation, the petitioners since on bail by the orders in the ABLAPLs (supra), this Court directs they are to appear before the learned Special Court for being released with suitable conditions imposed.

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