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2025 DAILYLAW 1682 (ORI)

BABURAM MALLICK v. STATE OF ODISHA

ABLAPL/7323/2025 · 2026-02-18

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7323 of 2025 Baburam Mallick & others …. Petitioners Mr. R. Dasmohapatra, Advocate -Versus- State of Odisha & another …. Opposite Party Mr. S. B. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Astaranga P.S. Case No.120 of 2025 corresponding to Spl. G.R. Case No.49 of 2025 pending in the file of learned Addl. Sessions Judge, Nimapara, Puri on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. The circumstances leading to the alleged incident have been narrated therein. It is submitted to the Court that in connection with a work order, a copy of which is at Annexure-2, the alleged incident took place, as a result of which, the petitioners were assaulted by the other side and for that, the F.I.R. i.e. Annexure-4 was lodged and as a counter blast, the informant reported the same at the PS as per Annexure-1. It is claimed that the petitioners have received injuries referring to Annexure-3 Series, which are the tickets of the victims treated as outdoor OPD patients and photographs annexed to the same. It is claimed that the some of the petitioners received injuries and were medically examined and one of them sustained a fracture, whereas, the other side did not receive any such serious injury. In reply to the same, learned counsel for the State produced the case diary with regard to the injury opinion received by the I.O. and on a reading of the same, the Court finds that two of the victims, namely, Muna Dalei and Mantu Behera sustained abrasions and lacerations which are stated to be simple in nature. The petitioners are having no similar antecedents. Replying to the above, learned counsel for the State informs the Court that petitioner No.1 is having three criminal cases to his credit. Considering the above facts, lodging of the counter F.I.Rs., recording the objection of learned counsel for the informant, according to whom, the petitioners instead committed the excess and were the aggressors, this Court is of the view that the accused persons though not to be granted pre-arrest bail, but 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, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned Addl. Sessions Judge, Nimapara, Puri within a fortnight from today, the petitioners shall be released on bail in connection with Astaranga P.S. Case No.120 of 2025 corresponding to Spl. G.R. Case No.49 of 2025 subject to them furnishing bail bonds 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 below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall co-operate the I.O. in the investigation, till the investigation is concluded. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra