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1900 DAILYLAW 1 (ORI)

MD SIRAZ @ MD SIRAJ v. STATE OF ODISHA

ABLAPL/1900/2026 · 2026-04-07

R K Pattanaik

body1900

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1900 of 2026 Md. Siraz @ Md. Siraj …. Petitioner Mr. J. Khansama,, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.536 of 2024 pending in the file of learned S.D.J.M., Bhawanipatna arising out of Bhawanipatna Town P.S. Case No.177 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1. The Court finds from Annexure-2 that NBWA has been issued against the petitioner by the learned court below. Today, however, in course of hearing, it is submitted that for the alleged incident, the informant did not receive any grievous injury but just an abrasion, hence, considering the same and the circumstances under which, the alleged occurrence took place, the petitioner, who is having one more criminal case, should be allowed to go on bail with any conditions. The case diary is produced by the State. The statements of the witnesses recorded during investigation under Section 161 Cr.P.C. are also made available and the same are gone through. As it appears, the petitioner allegedly abused the informant in filthy language and thereafter, committed the excess. But for the assault, the victim has suffered an abrasion only and according to the medical examination report and the opinion therein, the same is simple in nature. Considering the above facts and recording the objection of learned counsel for the State, this Court though not inclined to accept the plea for pre-arrest bail of the petitioner but is of the view that he should be directed to surrender before the learned court below for being released with stringent conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned S.D.J.M., Bhawanipatna, it is directed that he shall be released on bail within a fortnight from today in connection with C.T. Case No.536 of 2024 corresponding to Bhawanipatna Town P.S. Case No.177 of 2024 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not pick up any quarrel or fight with the informant causing any injury to him, while on bail and to submit an undertaking at the local PS in that regard and at the same time, to cooperate the I.O. in the investigation without default. The above order, as is further directed, shall be given effect to only if the petitioner is having not more than one criminal case registered against him. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer