Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14881 of 2025
Kaushlya Majhi & others
…. Petitioners Mr. P. K. Singh, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Lenka, ASC
ABLAPL No.14883 of 2025
Duna Badek
…. Petitioner Mr. P. K. Singh, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Lenka, ASC
ABLAPL No.14903 of 2025
Jiten @ Santosh Majhi
…. Petitioner Mr. P. K. Singh, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Lenka, ASC
And ABLAPL No.14909 of 2025
Bhanumati Bhitria
…. Petitioner Mr. P. K. Singh, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 05.03.2026
01.
1. All the ABLAPLs are taken up for hearing and
disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Hemagiri P.S. Case No.409 of 2025 corresponding to G.R. Case No.403 of 2025 pending in the file of learned J.M.F.C., Hemagiri on the grounds stated therein. 4. Perused the F.I.R. as at Annexure-1. The petitioners are alleged to have committed excess causing injuries to the officials of the MCL and others. The reason behind the alleged incident is mentioned in the report. As per the allegations in the F.I.R. i.e. Annexure-1, the Court finds that after completion of
blasting by the officials of the MCL, a group of villagers arrived there and assaulted them causing injuries. One Yadunath Patel, Blasting Officer at Basundhara area MCL was allegedly assaulted at the spot. It is claimed that the petitioners and other villagers were opposing such blasting as they had not rehabilitated. For the mischief alleged, no one received any grievous injury. Learned counsel for the State produced the case diary and the injury reports. The statements of the witnesses connected to the case have been recorded under Section 180 BNSS. It is made to understand that the petitioners and others under a protest committed the excess and caused the assault. But, the medical examination reports of the injured reveal that all the injuries are simple in nature and in respect of one of the injured, namely, Shashi Prasad, it is mentioned that the nature of injury is likely to be grievous as it might have been caused by a blunt object. No further injury opinion is made available to the Court. Considering the above facts and circumstances under which the alleged mischief has been committed by the petitioners, recording the claim that the none of them is having any criminal antecedents, hence, are first- time offenders and objection of the State, this Court is inclined to direct the petitioners to surrender before the learned court below for being released with stringent conditions instead of considering plea for pre-arrest bail. 5. Accordingly, it is ordered. 6. In the result, all the ABLAPLs stand disposed of with the direction as aforesaid.
It is further directed that upon
surrender before the court of learned J.M.F.C., Hemagiri within a fortnight from today, the petitioners shall be released on bail in connection with Hemagiri P.S. Case No.409 of 2025 corresponding to G.R. Case No.403 of 2025 subject to them furnishing bail bonds of Rs.20,000/- (Rupees twenty 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 not be involved in similar criminal activities, while on bail and to report the I.O. for the purpose of investigation, till the same is concluded. It is further
directed that the petitioners shall furnish an undertaking at the local P.S. to be not involved in similar incidents with the officials of the MCL after being released.
7. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Sumitra