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2026 DAILYLAW 14809 (ORI)

ASIS RANJAN CHOUDHURY v. STATE OF ODISHA

BLAPL/2933/2026 · 2026-05-01

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2933 of 2026 Asis Ranjan Choudhury …. Petitioner Mr. S.R. Mulia, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA Mr. R. Achary, Adv. (Informant) CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.05.2026 01. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 2. The Petitioner is accused in connection with C.T. Case No.440 of 2026 pending on the file of learned J.M.F.C., Chandikhole, arising out of Badachana P.S. Case No.87 of 2026 for commission of offence alleged under Sections 126(2)/ 115(2)/ 117(2)/ 118(1)/ 109(1)/ 351(2)/ 3(5) of BNS read with Section 27 of Arms Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of their application for bail U/s.483 of the BNSS by the learned Addl. District & Sessions Judge, Chandikhole by order dated 21.03.2026 in the aforementioned case, the present BLAPL has been filed. 5. The allegation against the Petitioner is that the while the informant was going to his house, Petitioner and his relatives assaulted the informant. 6. It is stated that so far as co-accused are concerned, they have been released by invoking provisions contained in 35(3) of the BNSS. 7. It is submitted by the learned counsel that the Petitioner is in custody from 10.03.2026 and that since injuries are simple and charge sheet has already been submitted in the meanwhile, he may be released on bail. 8. Learned counsel for the State as well as informant opposes such prayer. 9. Learned counsel for the informant, on instruction, submits that the Petitioner has not only antecedents but also threatening the informant and his family. Hence, he ought not to be released on bail. 10. So far as antecedents of the Petitioner are concerned, the same runs thus; i. Badachana PS Case No.268, Dt. 27.12.2011, U/S.341/ 323/ 294/ 506 IPC ii. Badachana PS Case No-25, Dt-02.02.2012, U/S- 341/ 323/ 294/ 506/ 34 IPC iii. Badachana PS Case No-179, Dt-18.08.2018, U/S-143/ 341/ 323/ 353/ 336/ 427/ 294/ 506/ 149 IPC. iv. Badachana PS Case No-203, Dt-05.09.2018, U/S.143/ 147/ 148/ 341/ 323/ 353/ 427/ 294/ 506/ 149 IPC/ 7Crl Act/ sec 4 PDPP Act. v. Badachana PS Case No-359, Dt-04.11.2020, U/S-294/ 506/ 353/ 500/ 186/ 354 IPC. vi. Badachana PS Case No-105, Dt-19.03.2022, U/s-341/ 294/ 323/ 324/ 307/ 506/ 34 IPC. vii. Badachana PS Case No-417, Dt- 28.12.2023, U/S-294/ 506 IPC. 11. Responding to the same, learned counsel for the Petitioner submits that the Petitioner is in public life and therefore, he has been implicated as an accused in number of cases. Hence, that ought not to weigh with this Court in considering his application for bail. 12. Such submission is opposed by the learned counsel for the Informant drawing the attention of this Court to one of cases, where similar allegations have been made. 13. Considering the rival submission, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 14. It is further directed that the Petitioner shall not in any way try to intimidate the informant and/or his family member. 15. It shall be open to the prosecution as well as informant to seek variance of this order, in case there is any threat perception. 16. To instill a sense of confidence in the informant, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin for the next three months. Certification of such appearance shall be submitted to the Court in seisin. 17. Accordingly, the BLAPL stands disposed of. 18. UCC as per rules. (V. NARASINGH) Judge Santoshi