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2025 DAILYLAW 9243 (ORI)

JAGANNATH MALIK @ NIRANJAN MALIK v. STATE OF ODISHA

ABLAPL/378/2025 · 2025-01-15

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.378 of 2025 1) Jagannath Malik @ Niranjan Malik ..... Petitioners 2) Rangalata Malik 3) Basanta Malik 4) Arjuna Malik 5) Lili Malik @ Dora Malik 6) Kuni Malik 7) Shikharani Malik Represented By Adv. - Ashok Kumar Sahoo -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 15.01.2025 Order No. 1. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records. 3. This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 115(2),126(2),296, 351(2), 3(5) & 74 of B.N.S., 2023. Page 2 of 3. 4. It is stated by the learned counsel for the Petitioner that the present case arises out of a dispute amongst the family members. In the said dispute there was scuffle and in the scuffle nobody has sustained any injury. He also contended that the Petitioners do not have any criminal antecedent of similar nature and that since the Petitioners belong to the locality, there is no chance of their absconding. 5. Learned Additional Standing Counsel on the other hand objected to the release of the Petitioners on pre- arrest bail on the ground of gravity and seriousness of the allegation. He also contended that since the investigation is on, release of the Petitioners on pre-arrest bail would have adverse impact on the on-going investigation. 6. Taking into consideration the aforesaid fact, the Petitioners are directed to surrender before the learned J.M.F.C., Aul in G.R.Case No.1176 of 2024 arising out of Rajkanika P.S.Case No.517 of 2024 within a period of three weeks from today. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioners on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of injury and criminal antecedent. In the event it is found that the injury sustained by the injured is grievous and the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to. Page 3 of 3. Violation of conditions shall entail cancellation of bail. 7. The ABLAPL is disposed of accordingly. 8. Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS