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2025 DAILYLAW 4668 (ORI)

KALU JENA v. STATE OF ODISHA

BLAPL/13984/2025 · 2026-01-28

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13984 of 2025 Kalu Jena & others … Petitioners Mr. M.Kanungo, Sr. Advocate Mr.A.Mishra, Advocate -versus- State of Odisha … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Brahmagiri PS Case No.0512 of 2025 corresponding to G.R.Case No.599 of 2025 pending in the file of learned Grama Nyayalaya-cum-J.M.F.C., Brahmagiri, for commission of offences punishable U/Ss.115(2)/ 121(1)/126(2)/132/189(4)/190/191(2)/191(3)/223/19 6/74/76/79 of BNS on the main allegation of demonstrating protest against construction of a new canal and in the process, attacking the police party resulting in law and order situation in their locality. 3. Heard Mr. Milan Kanungo, learned Senior Advocate, who is being assisted by Mr. A.Mishra, learned counsel for the petitioners and Mr. R.B.Mishra, learned p. 2 Additional Public Prosecutor in the present matter and perused the record. 4. At the outset, Mr. Kanungo, learned Sr. Advocate appearing for the petitioners by producing the certified copy of surrender certificate informs the Court that petitioner no.16-Biharibandhu Sahoo has surrendered to custody and thereby such surrender certificate is taken on record. It is, therefore, clear that petitioner no.16 has not misutilised the liberty so granted to him. Further, there appears allegation against the petitioners for demonstrating protest against construction of a canal in their locality, but neither of the parties has sustained any serious injury and the F.I.R. has been lodged by one of the police officers implicating the present 46 petitioners together with 200 villagers, but the 46 petitioners are right now in custody since 21.12.2025 and there must be substantial progress in the investigation. 5. In the aforesaid fact and situation and taking into consideration the rival submissions and on going through the materials placed on record together with inherent right of the accused persons to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioners to bail subject to certain conditions. 6. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bond of Rs.25,000/- (Rupees p. 3 Twenty Five Thousand) each only with one solvent surety each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with further conditions that (i)the petitioners shall not take part in any procession or Dharana relating to construction of the canal (ii) they shall not use any force or make protest against construction of the canal and (iii) they shall cooperate with investigation by appearing before the I.O. as and when required till submission of charge sheet. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Manoj