Ashok Mahalik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Ashok Mahalik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to surrender before the learned S.D.J.M., Bhadrak within four weeks and move for bail; the Magistrate to consider the bail application in the first hour on the materials on record; on rejection, the higher forum to consider and dispose of the application in the second hour on the same day, maintaining parity if applicable; case diary to be made available on surrender; records to be transmitted to the higher forum at the Petitioner's cost if applied for.

Issue for consideration

Whether the Petitioner should be granted pre-arrest (anticipatory) bail under Section 482 of B.N.S.S., 2023 in connection with Tihidi P.S. Case No.44 of 2026 / G.R. Case No.465 of 2026 pending before the learned S.D.J.M., Bhadrak for offences under Sections 87/3(5) of B.N.S., 2023.

Court's answer

Taking into consideration the nature and gravity of the allegation and on the request of learned counsel for the Petitioner, the Court permitted the Petitioner to surrender before the learned S.D.J.M., Bhadrak in the aforesaid case in the first hour within four weeks and move for bail.

Ratio / Principle

On such surrender, the learned Magistrate shall consider the Petitioner's application for bail in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application by the Magistrate, the Petitioner may move for bail before the higher forum in the second hour.ratio¶24
On such event, the higher forum shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.ratio¶24
The case diary shall be made available on the date of surrender, on an application being filed by the Petitioner prior to the date of surrender along with a copy of the order.

Detailed headnote1 paragraphs

Anticipatory Bail — S.482 B.N.S.S., 2023 — ABLAPL No.5323 of 2026 arising out of Tihidi P.S. Case No.44 of 2026 / G.R. Case No.465 of 2026 pending before the learned S.D.J.M., Bhadrak for alleged offences punishable under Sections 87/3(5) of B.N.S., 2023 — counsel for the Petitioner did not press the application and sought liberty to surrender — taking into account the nature and gravity of the allegation, the Petitioner was permitted to surrender before the learned S.D.J.M., Bhadrak in the first hour within four weeks and move for bail; the Magistrate to consider the bail application in the first hour strictly on the materials on record; on rejection, the Petitioner may approach the higher forum in the second hour, which shall consider and dispose of the application on the same day on the materials on record, maintaining the principles of parity, if applicable — case diary to be made available on the date of surrender on prior application with a copy of the order; records to be transmitted to the higher forum at the Petitioner's cost, if applied for — ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5323 of 2026

Ashok Mahalik

.....

Petitioner

Represented by Adv. –

Mr. Rabi Narayan Panda

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. –

Mr. D.K. Sahoo, AGA

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.06.2026

Order No.

01.

1. This matter is taken up through virtual mode.

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the Anticipatory Bail Application as well as the F.I.R.

The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Tihidi P.S. Case No.44 of 2026, corresponding to G.R. Case No.465 of 2026, pending in the court of the learned S.D.J.M., Bhadrak, registered for alleged commission of offences punishable under Sections 87/3(5) of B.N.S., 2023.

Learned counsel for the Petitioner, at the outset, submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an application for

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bail.

Taking into consideration the nature and gravity of the allegation and on the request of the learned counsel for the Petitioner, the Petitioner is permitted to surrender before the learned S.D.J.M., Bhadrak in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

The case diary be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

The ABLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Vacation Judge

Signature Not Verified

Digitally Signed Debasis Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 18-Jun-2026 14:22:50

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