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2025 DAILYLAW 3104 (ORI)

NIRMAL KUMAR OJHA v. STATE OF ODISHA

ABLAPL/9529/2025 · 2026-03-24

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9529 of 2025 Nirmal Kumar Ojha …. Petitioner Mr. S. Lal, Advocate -Versus- State of Odisha and another …. Opposite Parties Mr. S. K. Lenka, ASC Mr. S. Pattanaik, Advocate for the informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 06. 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.684 of 2025 pending in the file of learned J.M.F.C.- IV, Bhubaneswar arising out of Laxmisagar P.S. Case No.355 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. The mediation between the parties has failed. The last mediation report dated 9th March, 2026 is also perused. The said report reveals that the petitioner took a stand that he received the cheque from one Subrajit Pradhan in discharge of a liability and not from the informant, who, however, claimed not to have any acquaintance with him. The dispute is over lease of a plot. The informant, however, alleged that the amount has been received by the petitioner but no lease land has been provided to him. p. 2 Considering the nature of dispute between the parties and the specific stand of the petitioner, which is based on the statements of the witnesses recorded during the investigation and that the mediation has failed, this Court, is of the view that the petitioner, who is not entitled to pre-arrest bail should be directed to surrender before the learned court below for being released with conditions as any such dispute inter se parties shall have to be considered and adjudicated upon during enquiry and trial before the learned court below. 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 J.M.F.C.-IV, Bhubaneswar within fortnight from today, it is directed that he shall be released on bail in connection with C.T. Case No.684 of 2025 corresponding to Laxmisagar P.S. Case No.355 of 2025 on furnishing a bail bond of Rs.50,000/-(rupees fifty 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. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer