Suresh Chhatoi @ Suresh Kumar Chhatoi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Suresh Chhatoi @ Suresh Kumar Chhatoi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail refused (ABLAPL not entertained, taking note of the nature of injury); as the Petitioner is a first offender, he was directed to surrender before learned J.M.F.C., Pipili within one month, with his bail prayer to be considered on merits by the J.M.F.C. in the first hour of the day and, if rejected, by the higher forum in the second hour the same day with an endeavour at same-day disposal; case diary to be made available to the concerned courts; ground of parity, if any, left to the courts below; the order to stand voided if similar criminal antecedents of the Petitioner come to the fore.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail in G.R. Case No.391 of 2025 pending before learned J.M.F.C., Pipili, the charge sheet having been filed.

Court's answer

Taking note of the nature of injury, the Court declined to entertain the ABLAPL, i.e., pre-arrest bail was not granted.

Ratio / Principle

Considering that the Petitioner is the first offender, the Court directed him to surrender before the learned J.M.F.C., Pipili in connection with the aforementioned case within one month.

Key takeaways

In the event of surrender and motion for bail, the learned J.M.F.C., Pipili is to consider the bail prayer on merits in the first hour of the day.ratio¶¶22
If the learned J.M.F.C., Pipili rejects the prayer for bail, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶23
On being so moved, the higher forum is requested to endeavour to dispose of the Petitioner's bail application on the same day.

Detailed headnote1 paragraphs

Orissa High Court (Justice V. Narasingh), order dated 23.07.2026 in ABLAPL No. 6592 of 2026: third pre-arrest bail application of Suresh Chhatoi @_ Suresh Kumar Chhatoi in G.R. Case No.391 of 2025 (arising out of Delanga P.S. Case No.156 of 2025) pending before learned J.M.F.C., Pipili, for offences punishable under Sections 329(4), 324(4), 118(1), 351(2), 296, 3(5) and 117(2) of the BNS, the charge sheet having been filed. Taking note of the nature of the injury, the Court declined to entertain the ABLAPL; however, considering that the Petitioner is a first offender, it directed surrender before the J.M.F.C., Pipili within one month, consideration of the ensuing bail prayer on merits in the first hour of the day, liberty to move the higher forum in the second hour the same day with an endeavour at same-day disposal, availability of the case diary to the concerned courts, consideration of any ground of parity by the courts below, and that the order shall not take effect if similar criminal antecedents of the Petitioner surface. The ABLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 6592 of 2026

Suresh Chhatoi @ …. Suresh Kumar Chhatoi

Petitioner

Mr. S.K. Padhi, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panda, ASC

CORAM: JUSTICE V. NARASINGH ORDER

23.07.2026

Order No.

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

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.391 of 2025 pending on the file of learned J.M.F.C., Pipili, arising out of Delanga P.S. Case No.156 of 2025 for commission of offences punishable under Sections 329(4), 324(4), 118(1), 351(2), 296, 3(5) and 117(2) of the BNS.

This is the third journey of the Petitioner to this Court. By order dated 11.07.2025 while directing release of the co-accused in ABLAPL No.5632 of 2025, prayer of the Petitioner was rejected.

Subsequently, the Petitioner moved this Court in ABLAPL No.4579 of 2026 and by order dated 04.05.2026 the Petitioner was granted liberty to renew his prayer before the learned Sessions Judge.

Page 1 of 3

The same having been rejected, the present application has been filed.

Learned counsel for the Petitioner submits that since charge sheet has been filed, the Petitioner may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail inter alia on the ground that the injury is a facture injury.

Taking note of the nature of injury, this Court is not inclined to entertain the ABLAPL. However, considering that the Petitioner is the first offender, it is directed that the Petitioner may surrender before the learned J.M.F.C., Pipili in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Pipili on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Pipili, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.

The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Pipili is called upon to transmit the case record to the

Page 2 of 3

higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below.

Learned Court in seisin is requested to verify criminal antecedent of Petitioner of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

The ABLAPL is accordingly disposed of.

(V. NARASINGH)

Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Jul-2026 19:16:59

Page 3 of 3