Disposed¶23

Sk. Arif v. State of Odisha

Anticipatory bail – S.482 BNSS

Orissa HC17 Jun 2026ABLAPL/6482/2026

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Case brief

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What is this about?

ABLAPL No.6482 of 2026; anticipatory bail; Section 482 BNSS; Section 109 BNS; Sahadevkhunta P.S. Case No.207 of 2026; C.T. Case No.477 of 2026; S.D.J.M. Balasore; parity with co-accused; ABLAPL Nos.5263 and 5264 of 2026; BA No.345 of 2026 Special Judge (Vigilance) Balasore; amicable settlement; surrender within a fortnight; bail bond Rs.20,000; criminal antecedent verification; Sk. Arif; State of Odisha; Aditya Kumar Mohapatra, J.; 17.06.2026.

What did the court decide?

Release on bail upon surrender before learned S.D.J.M., Balasore within a fortnight, on furnishing a bail bond of Rs.20,000/- each with one solvent surety for the like amount, subject to conditions including verification of criminal antecedents (automatic revocation if any antecedent exists). ¶23

Sk. Arif Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 BNSS in connection with C.T. Case No.477 of 2026 arising out of Sahadevkhunta P.S. Case No.207 of 2026. +1 more

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Court's answer

Upon surrender within a fortnight, the petitioners shall be released on bail in connection with C.T. Case No.477 of 2026 arising out of Sahadevkhunta P.S. Case No.207 of 2026 on furnishing a bail bond of Rs.20,000/- each with one solvent surety for the like amount, with such other conditions as deemed proper.

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Ratio / Principle

The Court disposed of the ABLAPLs without entertaining the pre-arrest bail plea, extending parity with the co-accused already granted bail and directing the petitioners to surrender before the learned court below (S.D.J.M., Balasore) within a fortnight to be released on bail with conditions imposed.

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Key takeaways

The bail granted is subject to verification of the petitioners' criminal antecedents; if the petitioners have any criminal antecedent, the order shall stand automatically revoked.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail — S.482 BNSS — Sk. Arif and others v. State of Odisha, ABLAPL No.6482 of 2026 (High Court of Orissa, 17.06.2026, Aditya Kumar Mohapatra, J.): Pre-arrest bail plea not entertained; parity extended since the alleged incident involved all accused persons and three co-accused were already granted bail (ABLAPL Nos.5263 and 5264 of 2026; order dated 14.05.2026 of Special Judge (Vigilance), Balasore in BA No.345 of 2026 noting non-grievous injury to informant and amicable settlement on his affidavit). Petitioners directed to surrender before learned S.D.J.M., Balasore within a fortnight and be released on bail in C.T. Case No.477 of 2026 (Sahadevkhunta P.S. Case No.207 of 2026; offence under S.109 BNS with allied offences) on a bail bond of Rs.20,000/- each with one solvent surety for the like amount; bail subject to verification of criminal antecedents, failing which the order stands automatically revoked.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6482 of 2026

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Sk. Arif and others

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..... Petitioners

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Represented by Adv. - Amulya Ratna Panda

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented by Adv. – Mr.S.K.Parhi, ASC

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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 Petitioners and learned counsel for the State. Perused the anticipatory bail application as well as the F.I.R.

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Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with C.T. Case No.477 of 2026 arising out of Sahadevkhunta P.S. Case No.207 of 2026 pending in the court of learned S.D.J.M, Balasore on the grounds stated.

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Learned counsel for the petitioners submitted that some of the co-accused persons have already been released on bail by this Court in ABLAPL Nos.5263 and 5264 of 2026

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Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. A copy of the bail

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Page 1 of 3.

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order of learned Special Court with respect to other accused persons is produced by Mr. Panda, learned counsel for the petitioners claiming that the injury is received by the informant though not grievous and that apart, the parties have settled the dispute and therefore, the petitioners should be allowed to go on bail. Recorded the objection of the State. A case under Section 109 BNS is registered with the other allied offences. The allegation in the FIR is that the accused persons committed the overt acts and assaulted the injured by means of sword, Bhujali etc. The injury reports are not available at present. But referring to the order dated 14th May, 2026 of the court of learned Special Judge (Vigilance), Balasore in BA No.345 of 2026, it is made to understand that the informant did not receive any grievous injury and after treatment, he was discharged from the hospital. It has also been taken judicial notice of therein regarding the dispute between the parties to have been amicably settled accepting affidavit from the informant himself. Considering the above facts and submissions of learned counsel for the respective parties and since the alleged incident involves all the accused persons and three of them are already granted bail, this Court is inclined to extend parity directing the petitioners to surrender before the learned court below for being released with conditions imposed though not to entertain their prearrest bail plea.

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Accordingly, it is ordered.

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In the result, the ABLAPLs are disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned S.D.J.M, Balasore within a fortnight from today, it is

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Page 2 of 3.

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directed that they shall be released on bail in connection with C.T. Case No.477 of 2026 arising out of Sahadevkhunta P.S. Case No.207 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed proper in the facts in the circumstances of the case.

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It is further directed that the bail granted to the Petitioners shall be subject to the verification of their criminal antecedent. In the event, the Petitioners are having any criminal antecedent, then this order shall stand automatically revoked.

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Issue urgent certified copy of this order as per rules.

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( A.K. Mohapatra ) Vacation Judge

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Binayak

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Signature Not Verified

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Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Jun-2026 11:04:37

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Page 3 of 3.

Sk. Arif v. State of Odisha

Case brief

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Sk. Arif v. State of Odisha

Case brief

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