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2025 DAILYLAW 986 (ORI)

SUNIL NAIK @ RABI v. STATE OF ODISHA

BLAPL/11026/2025 · 2026-01-08

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11026 of 2025 Sunil Naik @ Rabi … Petitioner Mr. S.K. Sahu, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 08.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Aska PS Case No.524 of 2025 corresponding to GR Case No.1643 of 2025 pending in the file of learned JMFC, Aska, Ganjam for commission of offences punishable U/Ss.115(2)/ 117(1)/ 109(1)/ 296/ 351(3)/ 3(5) of BNS, on the main allegation of attempting to the life of the injured Nihar Ranjan Nayak by assaulting him by giving kick, along with co-accused persons. 3. Heard, Mr. Swagat Kumar Sahu, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. A perusal of the FIR averments would go to reveal that there was hot exchange of words relating to supply of rissoles (Singada) by the injured to the petitioner as a result the petitioner and others assaulted the injured, however, the injured has already been p. 2 discharged from the hospital. Further, the petitioner himself has sustained some burn injuries as per the examination report of the petitioner U/s. 53 of BNSS (54 of CrPC). In view of the above facts and circumstances and taking into account the pre-trial detention of the petitioner in custody since 10.09.2025 with submission of charge-sheet in the meantime and keeping in view the other circumstances on record in entirety including the circumstance under which the transaction took place and taking into account the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna