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2025 DAILYLAW 81063 (ORI)

UTTAM MALIK @ UTTAM KUMAR MALIK v. STATE OF ODISHA

BLAPL/13152/2025 · 2025-12-19

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13152 of 2025 Uttam Malik@ Uttam Kumar Malik …. Petitioner Mr. A.K. Sahu, Advocate -Versus- State of Odisha …. Opposite Party Ms. B. Dash, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.12.2025 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.563 of 2025 pending in the file of learned J.M.F.C, Pattamundai corresponding to Pattamundai Model P.S. Case No.261 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1 and the rejection order i.e. Annexure-2. 4. Gone through the rejection order as at Annexure-2. It is submitted that the victim received simple injuries. Rejection order dated 5th December, 2025 further reveals that the petitioner is having four other criminal antecedents. It is submitted that in view of the assault simple injuries were sustained by the victim and the petitioner since is in judicial custody from 20th November, 2025, should be allowed to go on p. 2 bail, which is seriously objected by Ms. Dash, leaned ASC for the State on the ground that he has antecedents. The assault as it appears from the F.I.R. i.e. Annexure-1 so also the rejection order at Annexure-2 was by means of an iron rod but all such injuries stated to have been simple as revealed from the record. Considering the circumstances under which the alleged incidents took place, leading to the assault to the victim, who received simple injuries revealed from Annexure-2, the Court is of the view that the petitioner, who is in custody since his arrest, should be allowed to go on bail but with stringent conditions. 5. Accordingly, it is ordered. 6. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.563 of 2025 arising out of Pattamundai Model P.S. Case No.261 of 2025 subject to him furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount each to the satisfaction of the learned J.M.F.C, Pattamundai, who shall be at liberty to impose such other suitable conditions as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the victim/informant and other material witnesses connected to the case in any manner, whatsoever, after being released and to attend the P.S. once in a fortnight preferably on Sunday between 10.00 AM to 1.00 P.M. for the purpose of investigation for the purpose of investigation without fail. p. 3 7. The BLAPL stands disposed of. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram