Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 13894 (ORI)

SK. MOHAMMAD IBRAHIM v. STATE OF ODISHA

ABLAPL/4366/2026 · 2026-05-04

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4366 of 2026 Sk.Mohammad Ibrahim …. Petitioner Mr. S.R. Mulia, Advocate & Associates -Versus- State of Odisha …. Opposite Party Mr. S.Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.05.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Nischintakoili P.S. Case No.104 of 2026 pending in the file of learned JMFC, Nischintakoili corresponding to G.R. Case No. 182 of 2026 on the grounds stated. 3. Perused the FIRs as at Annexures-1 and 2, which is lodged at the instance of the petitioner. On a reading of the F.I.R. i.e. Annexure-1, the Court finds that the alleged incident took place at a time when the demarcation of a land was in progress. It has been alleged in the report that the petitioner created disturbance in such demarcation and there was exchange of hot arguments between him and others. Learned counsel for the petitioner submits that the present accused is p. 2 having a civil dispute with the informant and does not have any past antecedent. Recorded the objection of Mr. Panda, learned ASC for the State. On a reading of the F.I.R., it is made to understand that the petitioner committed excess which has led to outraging of modesty of the informant. An allegation of theft is also made of a gold chain removed from the informant. But regard being had to the dispute over a demarcation between the parties and recording the plea of absence of any antecedent in respect of the petitioner, who is stated to be a first-time offender, this Court though not in favour of entertaining a request for pre-arrest bail as demanding by him but is inclined to direct him to surrender before the learned court below for being released 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 petitioner surrenders before the court of learned JMFC, Nischintakoili within a fortnight from today, it is directed that he shall be released on bail in connection with Nischintakoili P.S. Case No.104 of 2026 corresponding to G.R. Case 182 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with other suitable conditions imposed as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the informant while on bail and to cooperate the I.O. in the investigation as and when summoned. Page 3 of 3 The above order, as is further directed, shall not be given effect to if the petitioner is found to have other antecedents. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita