DEBI PRASAD MALLIA @ VICKY vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.7027 of 2026
CNR NO.ODHC010510942026

(In the matter of application under Section 483 of
BNSS, 2023).


Debi Prasad Mallia @ Vicky … Petitioner
-versus-
State of Odisha … Opposite Party



For Petitioner : Mr. B.P. Tripathy, Sr.
Advocate along with Mr. P.
Agrawal, Advocate

For Opposite Party : Mr. S.C. Pradhan, Addl. PP


CORAM: JUSTICE G. SATAPATHY





DATE OF HEARING & JUDGMENT:03.09.2026(ORAL)

G. Satapathy, J.

1. This is a bail application U/S.483 of BNSS
by the petitioner for grant of bail in connection with
Lingaraj PS Case No.26 of 2025 corresponding to CT
rd
Case No.173 of 2025 pending in the file of learned 3
Additional Sessions Judge, Bhubaneswar, Khurdha,
for commission of offences punishable U/Ss.331(4)/
305/313/111(3)/317(4)/61(2)(a)/3(5) of BNS, on the
main allegation of committing theft by breaking upon
the ATM in the night, along with co-accused persons.
BLAPL No.7027 of 2026 Page 1 of 4

2. Heard, Mr. Bibhu Prasad Tripathy,
learned Senior Counsel, who enters appearance for
the petitioner in Court today along with Mr. Parth
Agrawal, learned counsel for the petitioner by filing
appearance memo, which is taken on record, and Mr.
S.C. Pradhan, learned Additional Public Prosecutor in
the matter and perused the record.
3. Admittedly, the petitioner was granted
bail by this Court in BLAPL No.190 of 2026, but
subject to verification of his criminal antecedents,
however, the petitioner being found to have six
criminal antecedents to his credit, the benefit of the
said order was not extended to him. In the
meantime, the petitioner has filed a comprehensive
affidavit indicating therein eight criminal cases
registered against him, but he has supplied
documents to show that he has been acquitted in two
cases out of these eight cases remaining six cases to
his credit. Besides, the petitioner is in custody since
01.03.2025, but in the meantime, more than one and
half years have elapsed, however, the trial is yet to
BLAPL No.7027 of 2026 Page 2 of 4

be concluded. Additionally, the FIR is registered
against unknown persons and co-accused persons
standing on similar footing have already been granted
bail. In the aforesaid premises and on consideration
of materials placed on record keeping in view the
mode & manner of implication of the present
petitioner in this case and the grant of bail to number
of co-accused persons, this Court without expressing
any view on merits admits the petitioner to bail.
4. Hence, the bail application of the
petitioner stands allowed and the petitioner is allowed
to go on bail on furnishing bail bonds of Rs.50,000/-
(Rupees Fifty Thousand) with one solvent surety for
the like amount to the satisfaction of the learned
Court in seisin of the case on such terms and
conditions as deem fit and proper by it with following
condition:-
(i) the petitioner shall report attendance
before the jurisdictional Police Station once in
a fortnight preferably on a Sunday of each
month in between 10 A.M. to 12 Noon for
six(06) months from the actual date of
release from the custody.
BLAPL No.7027 of 2026 Page 3 of 4

5. The IIC of jurisdictional Police Station
shall not detain the petitioner unnecessarily after
recording his attendance beyond the time as
stipulated.
6. Accordingly, the BLAPL stands disposed
of. A soft copy of this order be immediately
communicated to the concerned Court, who shall
afterwards communicate the same to the concerned
Jail through e-mail for reference.


(G. Satapathy)
Judge






Orissa High Court, Cuttack,
rd
Dated the 3 day of September, 2026/Subhasmita


Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 03-Sep-2026 19:50:40
BLAPL No.7027 of 2026 Page 4 of 4