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2025 DAILYLAW 138 (ORI)

KAILASH GHADAI v. STATE OF ODISHA

ABLAPL/13078/2025 · 2026-01-13

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13078 of 2025 Kailash Ghadai & others …. Petitioners Mr. B.P. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.01.2026 02. 1. Necessary correction in the address statement vis-à-vis petitioner Nos.5 & 6 wrongly mentioned as daughters of Bali Ghadai and Gedu Ghadai is allowed to be corrected. 2. Heard learned counsel for the petitioners and State. 3. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Brahmagiri P.S. Case No.393 of 2025 corresponding to G.R. Case No.464 of 2025 pending in the court of learned Nayadhikari Gramina Nayalaya, Brahmagiri on the grounds stated. 4. This Court by order dated 19th November, 2025 had directed the State to submit the Case Diary and the Injury Report of the victim and the same is complied with and are produced today for the Court’s perusal. The Medical Examination Report of the victim, namely, Lalata Ghadei reveals that he received lacerations, which is simple in nature. p. 2 5. Mr. Mohanty, learned counsel for the petitioners submits that there are no grievous injuries received by the victim. Furthermore, the Court perused the case diary and statements of the witnesses recorded under Section 180 BNS. Even though, there has been allegations of snatching away gold ornaments etc., no seizure appears to have taken place on a reading of the case diary. Considering the above facts and submissions of learned counsel for the respective parties and the Medical Examination Report of the victim, who appears to be the brother of the victim having not received any grievous injury and as such there is no seizure of any of the articles alleged to have been removed from him and for them having no any criminal antecedents, recording the objection of the State, this Court, even though, not in favour of granting them pre- arrest bail but is of the view that they should be directed to surrender before the court concerned for being released on bail imposing suitable conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL petition stands disposed of with the direction to the petitioners to surrender before the court of learned Nayadhikari Gramina Nayalaya, Brahmagiri within a fortnight from today and upon such surrender, they shall be released on bail in connection with G.R. Case No.464 of 2025 subject to conditions imposed upon furnishing bail bond of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court concerned, which shall be at liberty to p. 3 impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case, besides the following, such is, they shall not pick-up any quarrel with the informant and her brother and cause any injury to them in future, while on bail. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT