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2025 DAILYLAW 9872 (ORI)

JITENDRIYA NAYAK v. STATE OF ODISHA

ABLAPL/468/2025 · 2025-01-16

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.468 of 2025 Jitendriya Nayak ..... Petitioner Represented By Adv. - Sunit Sahoo -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Ms.Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.01.2025 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 482 BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 287, 333, 115(2), 118(1), 74, 324(4), 125, 351(2), 3(5) of B.N.S., 2023. 4. It is stated by the learned counsel for the Petitioner that the Petitioner’s family and the informant’s family have a long standing family dispute as a result of which they have a strained relationship. He also contended that on the date of occurrence, a case and counter case has Page 2 of 3. been instituted by both sides against each other. He also submitted that the present case is a counter blast to the case by the Petitioner’s family bearing Tirtol P.S.Case No.532 of 2024. He further contended that again the present Petitioner’s side lodged another F.I.R. bearing Tirtol P.S.Case No.537 of 2024 against the informant to the effect that the informant entered into the house of the Petitioner and attacked them. He also contended that the wife and son of the Petitioner have been enlarged on bail by this Court in ABLAPL No.12993 of 2024 vide order dated 26.11.2024. He further contended that the Petitioner does not have any criminal antecedent and that since the Petitioner belongs to the locality, therefore, there is no chance of his absconding. 5. Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on pre- arrest bail on the ground of gravity and seriousness of the allegation. He further contended that considering the gravity of the allegation and keeping in view the fact that the investigation is on, the Petitioner should not be released on bail otherwise it would have adverse impact on the on-going investigation. 6. Considering the submissions made by learned counsel for the respective parties, on careful examination of the materials on record, the Petitioner is directed to surrender and move an application for bail before the learned J.M.F.C., Tirtol in G.R.Case No.612 of 2024 arising out of Tirtol P.S.Case No.533 of 2024 within a Page 3 of 3. period of three weeks from today. In such eventuality, learned court in seisin over the matter shall do well to release the Petitioner 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 injured has sustained grievous injury or that the Petitioner is having any criminal antecedent, this order shall not be given effect to. 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