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2026 DAILYLAW 1391 (ORI)

SANTOSH SUNA v. STATE OF ODISHA

ABLAPL/1622/2026 · 2026-03-23

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1622 of 2026 Santosh Suna & others …. Petitioners Mr. B.Mohapatra, Advocate -Versus- State of Orissa …. Opposite Party Ms. B.K.Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 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 Sadar Baragarh P.S. Case No.29 of 2026 pending in the file of learned JMFC, Baragarh corresponding to C.T. Case No. 116 of 2026 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. The report reveals that the alleged incident took place at the time of demarcation. It has been alleged therein that the petitioners assaulted the informant and others and caused injuries to them. Learned counsel for the petitioners does not have any instruction regarding the nature of injuries received by the victims. Recorded the submission of Ms. Sahu, learned AGA for the State. The parties belong to one village and the alleged incident p. 2 suddenly happened. It has been alleged in the F.I.R. that such assault by the accused persons was by means of sharp edged weapons but considering the fact that incident is an outcome of a dispute at the time of demarcation, this Court though not inclined to grant the pre-arrest bail to any of the petitioners but is of the view that they should be directed to surrender before the learned court below for being released on bail subject to absence of any grievous injury received by the victims. 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 JMFC, Baragarh within a fortnight from today, it is directed that they shall be released on bail in connection with C.T. Case No. 116 of 2026 corresponding to Sadar Bargarh P.S. Case No.29 of 2026 on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) each with one solvent surety for the like amount each and subject to confirmation that none of the victims received any grievous injury on account of assault by them and others. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita