Rama Chandra Barik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rama Chandra Barik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail declined; the Petitioner was directed to surrender before the learned J.M.F.C., Kanas within one month, with assurance that his bail motion would be considered on merits in the first hour of the day and, if rejected, that he may move the higher forum in the second hour on the same day for an endeavoured same-day disposal.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail in connection with G.R. Case No.589(A) of 2021 (arising out of Kanas P.S. Case No.39 of 2021) for offences punishable under Sections 326/307/34 of IPC, pending before learned J.M.F.C., Kanas, notwithstanding his earlier unsuccessful attempts before this Court.

Court's answer

Taking into account the nature of allegation and earlier orders passed, this Court is not inclined to entertain the application for pre-arrest bail.

Ratio / Principle

The Petitioner was directed to surrender before the learned J.M.F.C., Kanas in connection with the aforementioned case within one month, and, in the event of his surrender and motion for bail, the learned J.M.F.C., Kanas was directed to consider the same on merits in the first hour of the day.

Key takeaways

In the event of rejection of the prayer for bail by the learned J.M.F.C., Kanas, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day, and the higher forum, on being so moved, is requested to endeavour to dispose of the bail application on the same day.ratio¶21
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application, and the learned J.M.F.C., Kanas is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.obiter¶23
Ground of parity, if any, may be considered by the learned court(s) below (directive completed in the following paragraph).

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice V. Narasingh, single-member bench), ABLAPL No. 8038 of 2026, decided 22.07.2026 — Rama Chandra Barik v. State of Odisha. Third application by the Petitioner for pre-arrest bail in G.R. Case No.589(A) of 2021 (arising out of Kanas P.S. Case No.39 of 2021; offences punishable under Sections 326/307/34 of IPC) pending before learned J.M.F.C., Kanas. By order dated 03.01.2025 in ABLAPL No.14669 of 2024 this Court had already rejected the pre-arrest bail prayer with liberty to surrender and move; learned counsel attributed non-availment to change of the Court. Taking into account the nature of allegation and earlier orders passed, the Court declined to entertain the application afresh, but directed surrender within one month, consideration of the bail motion by the learned J.M.F.C., Kanas on merits in the first hour of the day, liberty to move the higher forum in the second hour on the same day upon rejection, an endeavoured same-day disposal by the higher forum, availability of the case diary to the concerned courts, transmission of the case record upon rejection, and consideration of ground of parity, if any, by the learned court(s) below. The ABLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8038 of 2026

Rama Chandra Barik

Petitioner

Mr. P.K. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Parties

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

22.07.2026

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 G.R. Case No.589(A) of 2021 pending on the file of learned J.M.F.C., Kanas arising out of Kanas P.S. Case No.39 of 2021 for commission of offences punishable under Sections 326/307/34 of IPC.

This is stated to be the third journey of the Petitioner to this Court. By last order dated 03.01.2025 in ABLAPL No.14669 of 2024, this Court while rejecting the prayer for pre-arrest bail given liberty to the Petitioner to surrender and move.

It is submitted by the learned counsel for the Petitioner that because of change of the Court in the meanwhile, the Petitioner could not avail such order

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and it is further submitted that taking into account nature of allegation, Petitioner may be protected by pre-arrest bail.

Learned counsel for the State opposes such prayer for pre-arrest bail.

Taking into account nature of allegation and earlier orders passed, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioner may surrender before the learned J.M.F.C., Kanas ri 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., Kanas 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., Kanas, 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 shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Kanas is called upon to transmit the case record to

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the 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.

Accordingly, the ABLAPL stands disposed of.

U.C.C. as per rules.

(V. NARASINGH)

Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Jul-2026 19:45:12

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