Dismissed¶21

Sek Aslam v. State of Odisha

Orissa HC20 May 2026ABLAPL/5442/2026

Case brief

AI extract

What is this about?

Anticipatory bail refused — Sk. Aslam v. State of Odisha, ABLAPL No. 5442 of 2026, High Court of Orissa at Cuttack, Sibo Sankar Mishra J., 20.05.2026; Baisinga P.S. Case 219 of 2026 / C.T. Case 574 of 2026, JMFC Betnoti, Mayurbhanj; offences under S.109(1)/118(1)/281/3(5)/305(a)/324(5)/62 BNS and S.25/27 Arms Act; cattle-theft attempt of 28.04.2026, two rounds fired, informant's brother shot in left leg; investigation ongoing; petitioner to surrender and seek regular bail, to be considered same day; case diary access and transmission of records to higher forum at petitioner's cost if rejected.

What did the court decide?

Anticipatory bail is refused: regard being had to the nature of the allegation and since investigation is ongoing, the court is not inclined to grant anticipatory bail to the petitioner. ¶21

Sek Aslam Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶21

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, an accused in Baisinga P.S. Case No.219 of 2026 / C.T. Case No. 574 of 2026 (JMFC, Betnoti) for offences punishable under the cited BNS and Arms Act sections.

¶21

Court's answer

Anticipatory bail is refused: regard being had to the nature of the allegation and since investigation is ongoing, the court is not inclined to grant anticipatory bail to the petitioner.

¶21

Ratio / Principle

It remains open to the petitioner to surrender before the court below and move for regular bail, and if such application is moved the courts below shall consider it on the same day.

¶23

Key takeaways

Ancillary directions: the case diary may be made available to the concerned courts, and records are to be transmitted to the higher forum at the petitioner's cost if the first court rejects the bail plea and the petitioner approaches the higher forum.obiter¶23

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — REFUSED. High Court of Orissa at Cuttack (S.S. Mishra, J.), 20.05.2026, disposing of ABLAPL No. 5442 of 2026 (Sk. Aslam v. State of Odisha): the petitioner, an accused in Baisinga P.S. Case No.219 of 2026 corresponding to C.T. Case No. 574 of 2026 pending before the learned JMFC, Betnoti, Mayurbhanj, for alleged offences punishable under Section 109(1)/118(1)/281/3(5)/305(a)/324(5)/62 of BNS and Section 25/27 of the Arms Act, was denied anticipatory bail 'regard being had to the nature of allegation and since investigation is on'. The FIR alleges that on 28.04.2026 at about 2 AM unknown culprits attempted to commit theft of cattle of Purna Chandra Mohanty by a TATA ACE type vehicle; chased towards Kadali Chhaka, they fired two rounds, one hitting the informant's younger brother on the left leg (bleeding injury, shifted to Baisinga Hospital), and a car of Amulya Kumar Behera was damaged. The petitioner was left free to surrender before the court below and move for regular bail, which the courts below were directed to consider the same day; the case diary may be made available to the concerned courts and, if the first court rejects the plea and the petitioner approaches a higher forum, records are to be transmitted to the higher forum at the petitioner's cost.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No. 5442 of 2026

¶3

Sk. Aslam

¶4

…. Petitioner(s) Mr. H.S. Deo, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

…. Opp. Party(s) Mr. P.S. Nayak, AGA

¶8

CORAM:

¶9

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

20.05.2026

The petitioner is an accused in connection with Baisinga P.S. Case No.219 of 2026 corresponding to C.T. Case No. 574 of 2026 registered on the allegation of the alleged commission of offence punishable under Section 109(1)/118(1)/281/3(5)/305(a)/324(5)/62 of BNS and Section 25 /27 of the Arms Act, pending in the Court of the learned JMFC, Betnoti, Mayurbhanj.

¶15

Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

¶16

The allegation against the petitioner as per the FIR is that the informant lodged a written report before

¶17

Page 1 of 3

¶18

the police alleging there in that on 28.04.2026 at about 2 AM while he was sitting on the roof of his house due to hot, in the meantime he saw some unknown culprits attempted to commit theft of cattle of one Purna Chandra Mohanty whose house situated

¶19

In fornt of his house by a TATA ACE type vehicle, he suddenly shouted and hearing his sound Purna Chandra Mohanty and his family members came out from their house and the unknown culprits fled away from that place with their said van. Two numbers of bike with some culprits followed them as there security. The informant and his brother and another person chased them by motor cycle towards Kadali Chhaka, while they try to detained them, the culprits fired two rounds, one hit with the left leg of his younger brother and he sustained bleeding injury. They shifted his younger brother to Baisinga Hospital for treatment. It is further alleged that the unknown culprits also have damaged one car of one Amulya Kumar Behera and prayed for action be taken against the accused persons.

¶20

Learned counsel for the State opposed the prayer for bail.

¶21

Regard being had to the nature of allegation and since investigation is on, I am not inclined to grant to the petitioner anticipatory bail. However, it is open for the petitioner to surrender before the Court below and

¶22

Page 2 of 3

¶23

move for regular bail. If such bail application is moved by the petitioner, the same shall be considered by the courts below on the same day. The case diary may be made available to the concerned courts and records be transmitted to the higher forum at the cost of petitioner, in the case of the rejection of the bail plea by the first court and petitioner approaches the higher forum.

¶24