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2025 DAILYLAW 853 (ORI)

SANTANU KUMAR NAYAK v. STATE OF ODISHA

ABLAPL/12427/2025 · 2026-01-13

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12427 of 2025 Santanu Kumar Nayak …. Petitioner Mr. D.K. Sahoo, Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. Satyabrata Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.01.2026 03. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Marsaghai P.S. Case No.300 of 2025 corresponding to G.R. Case No.1968 of 2025 pending in the court of learned S.D.J.M., Kendrapara on the grounds stated. 3. Gone through the contents of the FIR at Annexure-1. 4. Mr. Sahoo, learned counsel for the petitioner submits that there has been a settlement arrived at between the parties. It is further submitted that opposite party No.2 is yet to join the petitioner after such settlement between both the sides. 5. The Court perused the case diary and statements of the witnesses recorded under Section 180 of B.N.S.S. upon production the same by the learned counsel for the State. The allegations are to the effect that the petitioner assaulted the informant, namely, opposite party No.2 with such other mischief committed by him. A case under Section 85 of B.N.S. has been registered. Considering the above facts and submissions of the learned counsel for the respective parties and since notice was issued to opposite parties Nos.2 and 3 and none has appeared today at the time of call, this Court is of the view that the petitioner, who happens to be a husband of opposite party No.2, should be directed to surrender before the learned Court below for release on bail instead of a pre-arrest bail as has been pleaded for after the dispute is said to have been settled and accordingly, it is ordered. 6. In the result, the ABLAPL petition stands disposed of with the direction to the petitioner to surrender before the learned S.D.J.M., Kendrapara within a fortnight from today and upon such surrender, he shall be released on bail in connection with G.R. Case No.1968 of 2025 subject to conditions imposed and upon furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court concerned, 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, he shall not commit any further mischief and cause disturbance in the life of opposite party No.2. However, the above order shall be given effect to only upon an enquiry summoning opposite party No.2 to ascertain and on a satisfaction that there has been a compromise between both the parties. 7. Issue urgent certified copy of this order as per rules. (R. K. Pattanaik) Judge RKM