Prakash Malik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Prakash Malik Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; petitioners directed to surrender before learned S.D.J.M., Jajpur within a fortnight and, on compliance, to be released on bail in C.T. Case No.2258 of 2025 on furnishing bail bonds of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each, with conditions to cooperate with the I.O. in the investigation till its conclusion and not to cause any harm to the informant while on bail; court below at liberty to impose such other conditions as deemed just and proper.

Issue for consideration

Whether pre-arrest bail under Section 482 BNSS should be granted to the petitioners in connection with Kuakhia P.S. Case No.386 of 2025 / C.T. Case No.2258 of 2025 pending before learned S.D.J.M., Jajpur.

Court's answer

The Court found no allegation of any dowry demand or related torture against the informant; the disturbance in her life arose because petitioner No.1, her husband, had another woman in his life.

Ratio / Principle

Considering the submissions and the nature of allegations, the Court was not inclined to grant pre-arrest bail to any of the petitioners, but held they should be directed to surrender before the learned court below for release with suitable conditions.

Key takeaways

The petition was disposed of with a direction to the petitioners to surrender before learned S.D.J.M., Jajpur within a fortnight, and on such surrender they were to be released on bail in C.T. Case No.2258 of 2025 on bail bonds of Rs.25,000/- each with one solvent surety each, conditioned on cooperating with the I.O. in the investigation until its conclusion and not causing harm to the informant while on bail.ratio¶21

Detailed headnote1 paragraphs

ABLAPL No.594 of 2026 | High Court of Orissa at Cuttack | R.K. Pattanaik, Judge | 23.02.2026 | Pre-arrest bail (Section 482 BNSS) sought by Prakash Malik & others in connection with Kuakhia P.S. Case No.386 of 2025 / C.T. Case No.2258 of 2025 (S.D.J.M., Jajpur). Court perused the FIR (Annexure-1) and the case diary, and the informant's statement recorded under Section 180 BNSS, finding an allegation that petitioner No.1, the informant's husband, had taken another woman and ill-treated her, but no allegation of dowry demand or related torture. Notice last issued to the informant by Court's order dated 29th January, 2026 was reported duly served, yet no one appeared for her. Declining pre-arrest bail to any petitioner, the Court disposed of the petition directing surrender before learned S.D.J.M., Jajpur within a fortnight and release on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each, subject to cooperating with the I.O. till conclusion of investigation and not harming the informant, with liberty to the court below to impose further conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.594 of 2026

Prakash Malik & others

…. Petitioners

Mr. A. Mohanty, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. S. Panda, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

23.02.2026

Order No.

Heard learned counsel for the respective parties.

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Kuakhia P.S. Case No.386 of 2025 corresponding to C.T. Case No.2258 of 2025 pending in the court of learned S.D.J.M., Jajpur on the grounds stated.

Perused the FIR as at Annexure-1. The case diary has been received by Mr. Panda, learned ASC for the State and the same is produced for the Court’s perusal. The Court finds that there has been an allegation of accepting another woman by petitioner No.1, who is the husband of the informant. The statement of the informant recorded under Section 180 BNSS is gone through, wherein, she has alleged ill-treatment in the hands of her husband. As such, the Court finds no allegation of any dowry demand and related torture meted out to the informant. As it appears, there has been disturbance in the life of the informant on account of petitioner No.1 husband having another woman in his life. Notice was issued to the informant

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last time by the Court’s order dated 29^th January, 2026. Recorded submission of Mr. Panda, learned ASC for the State that it has been duly served on her. No one, however, appears today for the informant. Considering the submission of learned counsel for the respective parties and the nature of allegations in absence of any such mischief committed by the petitioners regarding dowry demand and torture, if any, this Court under the impression that investigation must have progressed to a considerable extent though not inclined to grant any of them pre-arrest bail but is of the view that they should be directed to surrender before the learned court below for being released with suitable conditions and accordingly, it is ordered.

In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned S.D.J.M., Jajpur within a fortnight from today and in the event of their surrender in compliance thereof, they shall be released on bail in connection with C.T. Case No.2258 of 2025 on furnishing bail bonds of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall cooperate the I.O. in the investigation, till the same is concluded and not to cause any harm to the informant in any manner, whatsoever, while on bail.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik)

Judge Signature Not VerifiedBalaram

Digitally Signed Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC, CUTTACK Date: 25-Feb-2026 10:44:46

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