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2026 DAILYLAW 10654 (ORI)

RAKESH KUMAR JENA v. STATE OF ODISHA

ABLAPL/565/2026 · 2026-01-28

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 565 of 2026 Rakesh Kumar Jena & Others …. Petitioners Mr. S. Dwibedi, Advocate -Versus- State Of Odisha …. Opposite Party Miss B.K. Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 28.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with C.T. Case No.04 of 2026 pending in the file of learned J.M.F.C., Jajpur Road arising out of Jakhapura P.S. Case No.01 of 2026 on the grounds stated. 3. Gone through the FIR as at Annexure-1. The petitioners said to have detained the informant and assaulted him by means of a ‘Bala’. The medical examination report of the informant is produced by learned counsel for the petitioner with the case diary and the same is perused. The said report reveals that the victim received lacerations and a swelling and all the injuries are simple in nature with an opinion therein that it might have been caused by a blunt force trauma or a rough surface impact. It is alleged that the petitioners were in a drunken condition and there was a push and pull between them and the informant. Learned counsel for the State would submit that there is a criminal antecedent registered as Jakhapura P.S. Case No.57 of 2019 registered under Section 341, 323, 354(A), 427 and 506 IPC, which are triable by Magistrate First Class. Considering the above facts and in absence of any grievous injury received by the informant victim and the circumstances under which, the alleged mischief committed during the night of 31st December, 2025, this Court is inclined to direct all of them to surrender before the learned court below to go on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned J.M.F.C., Jajpur Road within a fortnight from today, it is directed that they shall be released on bail in connection with C.T. Case No.04 of 2026 corresponding to Jakhapura P.S. Case No.01 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer