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2022 DAILYLAW 781 (ORI)

HEDAYAT @ HEBAYAT KHAN v. STATE OF ODISHA

BLAPL/2022/2026 · 2026-04-24

V Narasingh

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2022 of 2026 1. Hedayat @ Hebayat Khan 2. Sahid @ Sa eed Khan …. Petitioners Mr. P.C. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.04.2026 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are accused in connection with C.T. Case No.86 of 2026, pending on the file of learned N.G.N.-cum-J.M.F.C., Bhograi, arising out of Bhograi P.S. Case No.24 of 2026 for commission of the alleged offence under Sections 126(2), 296, 115(2), 118(1), 109(1), 324(4), 351(2), 3(5) of B.N.S.. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court. p. 2 4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Additional Sessions Judge, Jaleswar by order dated 18.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. The case of the prosecution is that on 3.2.2026 Informant reported in writing before the IIC, Bhograi P.S. alleging therein that she had decorated her house in a croton tree on the occasion of Sabi barat festival. At the time her neighbours Aziz Khan abused her in filthy languages and threatened her why decorated this area, then uprooted the croton tree and damaged and when she along with one said Sk. Sajid, Resama Khatun and her mother protested him, then Ajij Khan along with Petitioners and other co-accused armed with iron rod, wooden lathi etc. with criminal intimidation, assaulted her and her family members. In the meantime Petitioner No.1 armed with iron rod and assaulted her sister’s head with the intention to kill her, then Surya Begum, Firoja Begum, Ajij Khan, Sahid Khan also assaulted her sister by means of lathi and iron rod. As a result of which her sister sustained severe bleeding injury on her head. Seeing this when she protested, Petitioner No.2 assaulted her for which she sustained p. 3 injury on her right hand and other general allegations are there. Basing on such report, the aforementioned P.S. case was registered. 6. The order dated 22.04.2026 passed by this Court is extracted hereunder for convenience of reference:- “As prayed for by the learned counsel for the State, list this matter on 24.04.2026 to enable him to ascertain the nature of injury suffered by the injured-Samina Khatun, in view of the submission of the learned counsel for the Petitioner that she suffered injury on the thumb which is contrary to the finding of the learned trial Court that she sustained “laceration on fronto parietal region of scalp”. List this matter on 24.04.2026”. 7. Learned counsel for the State on going through the case diary submits that the injury is on the thumb. In view of the same, recitals in the order of the learned Trial Court that there was injury on the parietal region, as noted, is evidently an error of record. 8. It is submitted by the learned counsel on the basis of instruction, that to wriggle out of the allegations in Bhograi P.S. Case No.25 of 2026 at the behest of the Petitioners, the Petitioners have been falsely implicated in the case at hand. p. 4 9. Such submission is opposed by the learned counsel for the State inter alia on the ground that the investigation is in progress. 10. Considering the nature of injury and that the Petitioners are stated to have no criminal proclivity, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin. 11. It is directed that the Petitioners shall not in any way try to intimidate the informant and her family. 12. It shall be open to the informant/Prosecution to seek variance of this order, in the event there is any threat perception. 13. Accordingly, the BLAPL stands disposed of. 14. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Ayesha