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Orissa High Court
Dillip Kumar Baral vs State Of Odisha .... Opposite Party on 7 January, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14731 of 2025
Dillip Kumar Baral .... Petitioner
Mr. S.J. Biswal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
ABLAPL No.14733 of 2025
Soham Das .... Petitioner
Mr. S.J. Biswal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
07.01.2026
Order No.
01. 1. Since both the matters arise out of same
F.I.R, they are heard together and disposed of by
this common order on the consent of the parties.
2. Heard learned counsels for the Petitioners
and learned counsel for the State.
3. The Petitioners are seeking pre-arrest bail
in connection with C.T. Case No.03 of 2025
pending on the file of learned OPID Court at
Sambalpur, arising out of P.S. Case No.12 of 2025
in EOW, Bhubaneswar for commission of offences
punishable under Sections 316(5) and 3(5) of
BNS.
4. It is submitted by the learned counsel that
the Petitioners in ABLAPL No.14731 and 14733 of
2025 were before this Court in ABLAPL Nos.10636
of 2025 and 10294 of 2025 respectively and this
Court by orders dated 10.11.2025, granted them
liberty to withdraw.
5. It is submitted by the learned counsel for
the Petitioners, with reference to the charge sheet
which has been filed and brought on record by
way of memo, prima facie there is no complicity of
the Petitioner in ABLAPL No.14731 of 2025 (Dilip
Kumar Baral), proprietor of one "BASUDEV
ELECTRICAL CONSTRUCTION AND CO" and the
Petitioner in ABLAPL No.14733 of 2025 (Soham
Das), proprietor of "LADLY ENTERPRISES".
6. It is submitted by the learned counsel Mr.
Biswal, that even if the entire allegations are
accepted at their face value, taking into account
the nature of allegations and the Petitioners not
having been charge sheeted, they may be
protected by pre-arrest bail.
6A. It is submitted by the learned counsel for
the Petitioners that since the investigation is kept
open, the apprehension of incarceration is not
fanciful.
7. It is the submission of the learned counsel
for the State referring to the earlier withdrawal
that the present applications ought not to be
entertained.
8. It is trite that there is no embargo for filing
successive bail application, more so in case of pre-
arrest bail.
9. Considering the rival submissions in the
light of the judgment of the Apex Court in the
case of Gurbaksh Singh Sibbia & Others Vrs.
State of Punjab, reported in (1980) 2 SCC 565
reiterated in Dhanraj Aswani Vrs. Amar S.
Mulchandani and others, (2024) 10 SCC 336,
learned counsel for the State submits that the
ABLAPL is not maintainable.
10. Much reliance is placed by the learned
counsel for the Petitioners on the recitals of the
charge sheet, which has been filed by way of
memo and is on record in ABLAPL No.14733 of
2025.
11. Referring to Para-18.10 of the charge
sheet, it is submitted by the learned counsel that
the same refers to the illegal payments made to
certain suppliers, where the name of the
Petitioners are not included. Paragraph-18.10 of
the said charge sheet is extracted hereunder:
"xxx xxx xxx
18.10 During investigation the special
Audit Report has been obtained. The
said report reveals that there has been a
gross misappropriation of funds under
different heads cumulatively amounting
to Rs.4,54,03,925 /- from 15th FC funds.
It is revealed that the said gross
irregularities under different heads
includes illegal payments made to
Annada Suppliers, Ladly Enterprises, and
Biraja Chemicals besides unauthorized
withdrawals.
xxx xxx xxx"
(Emphasized)
11A. On a bare perusal of the said recitals, it is
seen that the "LADLY ENTERPRISES" which relates
to the Petitioner in ABLAPL No.14733 of 2025
(Soham Das), is mentioned in the aforesaid
paragraph No.18.10.
12. Learned counsel for the State opposes the
prayer for pre-arrest bail and in this context he
draws the attention of this Court to paragraph
No.18.10 of the charge sheet, as quoted above as
well as paragraph No.18.11 thereof which is
extracted hereunder:
"xxx xxx xxx
18.11 That there has been gross
misappropriation of Rs. 3,10,79,754 /-
of funds Under different heads from
UNNATI funds. It reveals that
Unauthorized payments have been
made to Basudev Electrical
Construction & Co., one contractor
namely Giridhari Das apart from
unauthorized cash withdrawals from
UNNATI scheme funds.
xxx xxx xxx"
(Emphasized)
12A. Admittedly, the Petitioner Dillip Kumar
Baral in ABLAPL No.14731 of 2025 is the
proprietor of the Basudev Electrical Construction &
Co.
13. It is the further submission of the learned
counsel for the Petitioners that in the meanwhile
one of the accused persons has since been
released on bail by this Court by order dated
19.12.2025 in BLAPL No.13151 of 2025 and it is
also submitted that as the Petitioners have not
been charge sheeted, they may be protected by
pre-arrest bail.
14. On a conspectus of materials on record and
perusal of the charge sheet, this Court is
persuaded to hold that prima facie there are
allegations qua the Petitioners of defalcation of
public money which merit further probe. Keeping
in view the nature of such allegations in the light
of the judgment of the Apex Court in the case of
Serious Fraud Investigation Office Vrs.
Aditya Sarda, reported in, 2025 SCC Online SC
764, this Court finds substance in the submission
of the learned counsel for the State that in the
face of the accusations, granting pre-arrest bail
would derail the ongoing investigation.
Hence, this Court is not inclined to
entertain these applications.
However, in the event the Petitioners
surrender before the learned Court in seisin
and move an application for their release on
bail, the same shall be considered on its own
merit.
Ground of parity, if so urged, shall be taken
into account.
15. It is needless to mention here that the
observation made herein are only for the purpose
of consideration of the pre-arrest bail of the
Petitioners and ought not to be construed as this
Court expressing any opinion regarding their
complicity which, has to be established in the
ongoing investigation.
16. Accordingly, the ABLAPLs stand disposed of.
(V. NARASINGH)
Judge
Soumya
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 08-Jan-2026 18:51:25
