Disposed¶19

Dillip Kumar Mishra v. State of Odisha

Orissa HC17 Jun 2026ABLAPL/5779/2026

Case brief

AI extract

What is this about?

Odisha High Court, ABLAPL 5779 of 2026, order 17.06.2026, Justice V. Narasingh (Vacation Judge); petitioners Dillip Kumar Mishra, Tanuja Mishra, Sourav Mishra (adv. B. Tripathy) v. State of Odisha (C. R. Swain, AGA); anticipatory bail sought fearing arrest over prospective FIRs at Saheed Nagar P.S., Khurdha and Badachana P.S., Jajpur; ABLAPL maintainable without FIR; apprehension tested against Gurbaksh Singh Sibbia (1980) 2 SCC 565 and Dhanraj Aswani v. Amar S. Mulchandani (2024) 10 SCC 336; no reasonable apprehension of arrest found; ABLAPL disposed of, liberty to renew on fresh cause of action.

What did the court decide?

No anticipatory bail granted; liberty accorded to the Petitioners to renew their prayer upon any fresh cause of action to apprehend arrest. ¶19

Dillip Kumar Mishra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No anticipatory bail granted; liberty accorded to the Petitioners to renew their prayer upon any fresh cause of action to apprehend arrest.

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Issue for consideration

Whether an ABLAPL (anticipatory-bail application) is maintainable in the absence of an F.I.R. +1 more

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Court's answer

Maintainability of an ABLAPL in the absence of an F.I.R. is undisputed ('no cavil'); the application was entertained on that footing.

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Ratio / Principle

On a close scrutiny of the recitals in the ABLAPL and on consideration of the submissions of learned counsel for the Petitioners, tested on the touchstone of the principles laid down by the Apex Court in Gurbaksh Singh Sibbia v. State of Punjab ((1980) 2 SCC 565) and reiterated in Dhanraj Aswani v. Amar S. Mulchandani ((2024) 10 SCC 336), this Court prima facie is not persuaded that there is any reasonable apprehension of arrest of the Petitioners; anticipatory bail was accordingly not granted.

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Key takeaways

Liberty granted to the Petitioners to renew their anticipatory-bail prayer if any fresh cause of action to apprehend arrest arises (prayer left open on a future contingency).obiter¶18

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — ABLAPL No. 5779 of 2026 (Justice V. Narasingh, Vacation Judge), order dated 17.06.2026: Dillip Kumar Mishra, Tanuja Mishra and Sourav Mishra filed an anticipatory-bail application (ABLAPL) apprehending arrest consequent to F.I.R.s likely to be instituted at Saheed Nagar Police Station (Khurdha) and Badachana Police Station (Jajpur). The Court observed there was no dispute as to maintainability of an ABLAPL in the absence of an F.I.R., but, scrutinising the recitals and counsel's submissions against the principles laid down by the Apex Court in Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565, reiterated in Dhanraj Aswani v. Amar S. Mulchandani, (2024) 10 SCC 336, was prima facie not persuaded that any reasonable apprehension of arrest of the Petitioners existed. The ABLAPL was disposed of without grant of anticipatory bail, with liberty to renew the prayer upon any fresh cause of action to apprehend arrest.

Dillip Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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