Debi Prasad Mallia@Vicky Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Debi Prasad Mallia@Vicky Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the High Court should set aside the order dated 01.12.2025 passed by the learned 3rd Addl. Sessions Judge, Bhubaneswar (Airfield P.S. Case No.01 of 2022 / C.T. Case No.99 of 2022), as prayed for by the Petitioner through the present CRLMC. +1 more

Court's answer

In view of the alleged violation of the earlier bail conditions, this Court is not inclined to exercise its inherent jurisdiction under Section 528 of the BNSS to interfere with the impugned order.

Ratio / Principle

The Court declined to grant protection to the Petitioner from any imminent arrest.

Key takeaways

If so advised, the Petitioner is at liberty to move an application for bail before the learned Court below in view of the changed circumstances; such application shall be considered on its own merits and in accordance with law, without being influenced by any observation made in this order.obiter¶29

Detailed headnote1 paragraphs

Bail-condition violation — refusal to exercise inherent powers under Section 528 BNSS. Debi Prasad Mallia @ Vicky, earlier enlarged on bail by the High Court of Orissa at Cuttack subject to conditions, filed CRLMC No.1067 of 2026 praying for setting aside the order dated 01.12.2025 passed by the learned 3rd Addl. Sessions Judge, Bhubaneswar in connection with Airfield P.S. Case No.01 of 2022 corresponding to C.T. Case No.99 of 2022, and for release on bail. As it was alleged that the Petitioner had violated the earlier bail conditions, Dr. Justice Sanjeeb K Panigrahi declined to exercise inherent jurisdiction under Section 528 of the BNSS to interfere with the impugned order or to grant protection from imminent arrest, and dismissed the CRLMC. The Petitioner was, however, observed to be at liberty, if so advised, to move a fresh bail application before the Court below in view of changed circumstances, to be considered on its own merits and in accordance with law, uninfluenced by any observation in this order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1067 of 2026

Debi Prasad Mallia @ Vicky

….

Petitioner(s)

Mr. B.P. Tripathy, Sr. Adv.

along with Associates

-versus-

…. State of Odisha Opposite Party(s)

Mr. Raj Bhusan Dash, ASC

CORAM:

HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI

Order No.

01.

ORDER

10.04.2026

1. This matter is taken up through hybrid arrangement.

2. By filing the present CRLMC, the Petitioner has prayed for setting aside the order dated 01.12.2025 passed by the learned 3^rd Addl. Sessions Judge, Bhubaneswar in connection with Airfield P.S. Case No.01 of 2022 corresponding to C.T. Case No.99 of 2022.

Apart from the above, the Petitioner has prayed for a direction to

release him on bail.

3. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the materials available on record.

4. It appears that the Petitioner was earlier enlarged on bail by this Court subject to certain conditions. However, it is alleged that the Petitioner has violated the said bail conditions.

Signature Not Verified

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Apr-2026 18:35:41

5. In view of such violation, this Court is not inclined to exercise its inherent jurisdiction under Section 528 of the BNSS to interfere with

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the impugned order or to grant protection to the Petitioner from any imminent arrest.

6. Accordingly, the CRLMC stands dismissed.

7. However, it is observed that, if so advised, the Petitioner is at liberty to move an application for bail before the learned Court below in view of the changed circumstances, which shall be considered on its own merits and in accordance with law, without being influenced by any observation made in this order.

8. Pending application(s), if any, stand disposed of accordingly.

9. Urgent certified copy of this order be granted as per Rules.

( Dr. Sanjeeb K Panigrahi)

Judge

Sipun

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