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2025 DAILYLAW 243 (ORI)

MANGARAJ NAYAK @ MANGULIA v. STATE OF ODISHA

ABLAPL/13019/2025 · 2026-01-12

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13019 of 2025 Mangaraj Nayak@Mangulia …. Petitioner Mr. S. R. Rout, Advocate -Versus- State of Odisha …. Opposite Parties Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.01.2026 02. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Malgodown P.S. Case No.261 of 2025 corresponding to G.R. Case No.898 of 2025 pending in the court of learned J.M.F.C.- III (Cog. Taking), Cuttack on the grounds stated. 3. From the F.I.R. as at Annexure-1, this Court finds that the accused persons have assaulted the victim by means of an iron rod. In view of the allegation revealed therein, this Court by order dated 18th November, 2025 had directed the State to submit the case diary for its perusal. Today, learned counsel for the petitioner produced the case diary with other documents including the statements of the victim/informant recorded under Section 180 BNS. The Medical Examination Report is also made available to the Court. Upon perusal of the same, the injured, namely, Sarat Tarai found to have received a lacerated wound on the scalp with an opinion that such injury to be simple in nature. None else has received injury on account of the overt acts committed by the petitioner and co-accused persons as informed to the Court by learned counsel for the State. From the statement of the informant under Section 180 BNS and also the F.I.R. i.e. Annexure-1, the Court finds that the accused persons demanded liquor from the informant and thereafter, the alleged incident took place. Considering the above facts and submission of learned counsel for the respective parties and since, the victim named above received a single injury of simple in nature, the Court, though not inclined to grant pre-arrest bail to the petitioner but is in favour of directing his release on regular bail upon surrender before the court concerned. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with the direction to the petitioner to surrender before the court of learned J.M.F.C.-III (Cog. Taking), Cuttack within a fortnight from today and upon such surrender, he shall be released on bail in connection with G.R. Case No.898 of 2025 subject to suitable conditions imposed upon furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the court concerned, 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, he shall not cause any harm to the informant/victim in any manner, whatsoever, after being released on bail. Page 3 of 3 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT