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2026 DAILYLAW 13404 (ORI)

SUSHIL GOCHHAIT @ SUSHIL KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/2101/2026 · 2026-04-21

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2101 of 2026 Sushil Gochhait @ Sushil Kumar Behera & another …. Petitioners Mr. B.P.Nanda, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S.Mohanty, ASC And ABLAPL No.2768 of 2026 Milu Gochhayat @ Gochhait …. Petitioners Mr. S.K.Bhanjadeo, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.04.2026 01. 1. Both the ABLAPLs are taken up together and disposed of by the following common orders. 2. Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with Bagdia P.S. Case No.230 of 2025 pending in the file of learned JMFC, Chhendipada corresponding to G.R. Case No.1293 of 2025 on the grounds stated. p. 2 3. Perused the F.I.R.s as at Annexures-1 & 2. It is submitted that there was exchange of assault and both of sides received injuries. Mr. Bhanjadeo, learned counsel for the accused in ABLAPL No. 2768 of 2026 submits that the petitioner received a grievous injury and refers to his medical examination report as at Annexure-2 series thereto. Mr. Panda, learned counsel for the other petitioners submits that there has been no grievous injury received by the informant and while claiming so, a copy of the order in B.A. No. 521 of 2025 of the leaned Additional Sessions Judge-cum-Special Judge, (Vigilance), Angul dated 29th October, 2025 is produced, wherein, it is revealed that the injuries are simple in nature. Considering the submissions as above and injury report of the informant as at Annexure-1 series in ABLAPL No. 2768 of 2026 revealing that he received an abrasion only stated to be a simple in nature, this Court recording the objection of the State though not in favour of granting pre-arrest bail to any of them but is of the view that they should be directed to surrender before the learned court below for being released with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPLs are disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned JMFC, Chhendipada within a fortnight from today, it is directed that they shall be released on bail in connection with Bagdia P.S. Case No.230 of 2025 p. 3 corresponding to G.R. Case No.1293 of 2025 on furnishing a bail bond of Rs.25,000/-(rupees twenty-five 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 in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita