Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11643 of 2025
1. Tukuna Nayak
2. Rajkishore Nayak @ Kalee …. Petitioners
Mr. B.B. Behera, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 13.10.2025
01.
1. Heard learned counsel for the Petitioners and
learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1494 of 2025 pending on the file of learned JMFC-II, Cuttack, arising out of Baranga P.S. Case No.521 of 2025 for commission of offences punishable under Sections 115 (2), 118 (1), 296, 324(4), 3 (5) of BNS, 2023.
3. It is submitted by the learned counsel that even if the recitals of the F.I.R. are accepted at its face value, the overt act is primarily attributed to the co- accused, Siba Prasad Nayak, who is not the Petitioner before this Court. Hence, he may be protected by pre- arrest bail.
4.
Learned counsel for the State oppose such prayer.
5. Taking into account the nature of allegations and injury suffered is simple, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent and nature of injury.
6. If it comes to fore that the Petitioners have any criminal antecedents and the injury suffered by the injured is grievous, this order shall not be given effect to.
7. It is further stated that the Petitioners shall cooperate with the ongoing investigation.
8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge Soumya