Disposed¶28

Kamala Naik v. State of Odisha

Orissa HC17 Jun 2026ABLAPL/5395/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; ABLAPL No.5395 of 2026; Justice Aditya Kumar Mohapatra (Vacation Judge); order dated 17.06.2026; anticipatory bail; pre-arrest bail; Section 482 BNSS 2023; Sections 126(2), 296, 115(2), 76, 351(3), 3(5) BNS 2023; Section 76 non-bailable; Bagdia P.S. Case No.186 of 2025; G.R. Case No.1118 of 2025; J.M.F.C. Chhendipada; Kamala Naik; State of Odisha; application not pressed; surrender within four weeks; release on bail subject to verification of criminal antecedents; automatic revocation clause; ABLAPL disposed of.

What did the court decide?

Liberty to surrender before the court in seisin within four weeks and apply for regular bail; trial court directed to release the Petitioner on bail on terms it deems just, subject to verification of criminal antecedents, with automatic revocation of this order if any antecedent is found.

Kamala Naik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5395 of 2026

Kamala Naik

.....

Petitioner

Represented by Adv. –

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Mr. Biraja Prasad Nanda

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-versus-

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State of Odisha

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.....

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Opposite Party

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Represented by Adv. –

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Mr. D.K. Sahoo, AGA

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CORAM:

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THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.06.2026

Order No.

This matter is taken up through virtual mode.

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

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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 Bagdia P.S. Case No.186 of 2025, corresponding to G.R. Case No.1118 of 2025, pending in the court of the learned J.M.F.C., Chhendipada, registered for alleged commission of offences punishable under Sections 126(2)/ 296/ 115(2)/ 76/351(3)/3(5) of B.N.S., 2023.

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It is stated by the learned counsel for the Petitioner that the Petitioner is a lady and amongst all the offences against the Petitioner, only offence under Section 76 of the B.N.S., 2023 is non-bailable. He

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Page 1 of 2.

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further contended that the Petitioner does not have any criminal antecedent and that she has been falsely implicated in the present case.

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Learned counsel for the State, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation.

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At this stage, learned counsel for the Petitioner 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 bail.

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Considering such submissions, the Petitioner is permitted to surrender before the court in seisin over the matter within a period of four weeks from today and move an application for bail. In such eventuality, the court in seisin over the matter shall release the Petitioner on bail on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the court below that the Petitioner is having any criminal antecedent, then this order shall automatically stand revoked.

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8. Accordingly, the ABLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra )

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Signature Not Verified

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Vacation Judge

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