Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 14574 of 2025
Somnath Mallick …. Petitioner Ms. D. Nanda, Advocate
-Versus- State of Odisha …. Opposite Party
Mr. S. K. Brahma, ASC
ABLAPL No. 14584 of 2025
Sadasib Mallick …. Petitioner Ms. D. Nanda, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Brahma, ASC
ABLAPL No. 14620 of 2025
Lingaraj Mallick and others …. Petitioners Ms. D. Nanda, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Brahma, ASC
And
ABLAPL No. 14665 of 2025
Lalita Mallick @ Lalita Dei and others …. Petitioners Ms. D. Nanda, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Brahma, ASC p. 2 CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 07.05.2026
02.
1. All the ABLAPLs are taken up together and dispose of by the following common order.
2. Heard learned counsel for the respective parties.
3. Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with G.R. Case. No.901 of 2025 pending in the file of learned J.M.F.C., Konark arising out of Konark P.S. Case. No. 259 of 2025 on the grounds stated.
4. Perused the FIRs as at Annexures-1 and 2. Recorded the submissions of learned counsels for the respective parties. A copy of the order dated 13th February, 2026 in ABLAPL No.14599 of 2025 is produced before the Court to submit that the accused persons in the counter case are on bail in respect of which an FIR was lodged from the side of the petitioner. The further submission is that the victims of assault have not received any serious injury. It is informed to the Court that the parties belong to one family and hence, are relations. Recorded the objection of the State. Mr. Brahma, learned ASC submits the case diary and other relevant documents including the statements of the witnesses recorded under Section 180 BNSS and the same are also gone through. Besides the above, the medical examination reports of the victims are produced. On p. 3 perusal of the said reports, the Court finds that the victims received simple injuries, such as, laceration and bruise with opinions therein that it might have been caused by a blunt object. The allegation in the FIR i.e. Annexure-1 is to the effect that the assault was carried out by means of sword, Bhujali etc. But the injury reports are otherwise and reveal that none of the victims received any injuries found to be grievous and caused by sharp-edged weapon. Considering the above facts and
submissions of learned counsels for both sides and since, there has been a counter FIR from the side of the petitioners and therein, the accused persons involved are on bail pursuant to the order in ABLAPL No.14599 of 2025, this Court though not in favour of entertaining plea of pre-arrest bail is inclined to direct the petitioners to surrender before the learned court below for being released with suitable conditions imposed.
5. Accordingly, it is ordered.
6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned J.M.F.C., Konark within a fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case. No.901 of 2025 corresponding to Konark P.S. Case No.259 of 2025 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, none p. 4 of them shall commit any further mischief involving the informant and cause harm to him in any manner, whatsoever, while on bail and to cooperate the I.O. in the investigation till the same is concluded.
7. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer