Khalik @ Khalid Mahammad Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Khalik @ Khalid Mahammad Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail pathway: surrender before the Court in seisin within three weeks with service of the bail application on the Public Prosecutor/Special Public Prosecutor seven days prior for notice to the Victim/Informant; interim bail on the day of surrender pending disposal of the bail application on merits, subject to the stated conditions; final consideration within two weeks of the Victim/Informant's appearance.

Issue for consideration

Whether the Petitioner should be granted pre-arrest (anticipatory) bail in connection with C.T. (Special) Case No.566 of 2025 arising out of Brahmabarada P.S. Case No.231 of 2025, involving offences under Sections 115(2)/126(2)/296/3(5)/308(4)/309(4)/324(4)/351(2) of BNS read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of the SC & ST (P.A.) Act, and by what mechanism (surrender, notice, interim bail pending disposal on merits). +1 more

Court's answer

In light of this Court's earlier order in Pramod Kumar Ray and others Vrs. State of Odisha, (2017) 67 OCR 309, the ABLAPL was disposed of with directions that the Petitioner surrender before the learned Court in seisin within three weeks, and that seven days before surrender the Petitioner or counsel serve the requisite copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor for notice to the Victim and/or Informant.

Ratio / Principle

Considering the nature of the offence alleged, the Court directed that the Petitioner be released on interim bail by the learned Court in seisin on the same day of surrender, pending disposal of the bail application on merit, subject to conditions: (I) weekly appearance before the I.O. at dates/times fixed by the I.O.; (II) no threatening, inducing or coercing of witnesses or the Victim; and (III) no involvement in similar or any other offence during the currency of the order.

Key takeaways

Within two weeks of the appearance of the Victim and/or Informant, the matter shall be considered and disposed of on its own merits.ratio¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — ABLAPL No.6177 of 2026 — Khalik @ Khalid v. State of Odisha — Order dated 12.06.2026 (Justice V. Narasingh, Vacation Judge). Pre-arrest bail application concerning C.T. (Special) Case No.566 of 2025 (Brahmabarada P.S. Case No.231 of 2025) for offences under Sections 115(2)/126(2)/296/3(5)/308(4)/309(4)/324(4)/351(2) of BNS read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of the SC & ST (P.A.) Act, disposed of in light of this Court's earlier order in Pramod Kumar Ray and others Vrs. State of Odisha, (2017) 67 OCR 309, with directions: (i) surrender before the Court in seisin within three weeks; (ii) service of bail-application copies on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the Victim and/or Informant; (iii) interim bail on the day of surrender pending disposal of the bail application on merit, conditioned on weekly appearance before the I.O., no threatening/inducing/coercing of witnesses or the Victim, and no involvement in similar or other offences during the currency of the order; and (iv) consideration and disposal of the matter on its own merits within two weeks of the Victim/Informant's appearance.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6177 of 2026

Khalik @ Khalid …. Petitioner Mahammad

Mr. A.R. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. A.K. Pati, ASC

CORAM: JUSTICE V. NARASINGH

ORDER 12.06.2026

Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. (Special) Case No.566 of 2025 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Chandikhole, arising out of Brahmabarada P.S. Case No.231 of 2025, for commission of offences punishable under Sections 115(2)/ 126(2)/ 296/ 3(5)/ 308(4)/ 309(4)/ 324(4)/ 351(2) of BNS read with Section 3(1)(r)/ 3(1)(s)/ 3(2)(va) of SC & ST (P.A.) Act.

In the light of the order passed by this Court in the case of Pramod Kumar Ray and others Vrs.

Page 1 of 3

State of Odisha , (2017) 67 OCR 309 , this ABLAPL is disposed of with the following directions.

The Petitioner shall surrender before the learned Court in seisin in the aforesaid case within three weeks from today. Seven days before the surrender of the Petitioner before the said Court, the Petitioner or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the Victim and/or Informant.

Taking into consideration the nature of the offence as alleged against the Petitioner, it is directed that the Petitioner shall be released on interim bail by the learned Court in seisin, on the same day they surrender in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper including the following conditions:-

I) The Petitioner shall appear before the I.O. once in a week on the date and time fixed by the said I.O. until further order by the learned Court in seisin;

II) The Petitioner shall not threaten, induce or coerce any witnesses of this case or the Victim; and

Page 2 of 3

III) The Petitioner shall not involve himself in similar or any other offence during currency of this order.

Within two weeks of appearance of the Victim and/or Informant, the matter shall be considered and disposed of on its own merits.

The ABLAPL accordingly stands disposed of.

(V. Narasingh) Vacation Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Jun-2026 12:56:19

Page 3 of 3