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2026 DAILYLAW 15136 (ORI)

SOBHAGYA RANJAN NAYAK @ SAGAR NAIK v. STATE OF ODISHA

ABLAPL/3452/2026 · 2026-04-30

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3452 of 2026 Sobhagya Ranjan Nayak @ Sagar Naik …. Petitioner Mr. P.Beura, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Athagarh P.S. Case No.63 of 2026 corresponding to C.T. Case No.149 of 2026 pending in the court of learned SDJM, Athagarh on the grounds stated. 3. Perused the FIRs as at Annexures-1&2. The other F.I.R. i.e. Annexure-2 is lodged from the side of the petitioner for same incident. It is submitted that the assault is by means of one ‘Bala’ and no serious injury has been received by the informant, hence, considering the same, the petitioner should be allowed to go on bail with any conditions which is opposed by learned counsel for the State. Mr. Mohanty, learned ASC for the State and submits that the medical examination report of the victim is not available with him. But from the F.I.R. i.e. Annexure-1, the Court finds that the assault is alleged to be with the help of a ‘Bala’ but with an attempt by means of a p. 2 knife. It is informed to the Court that the petitioner does not have any antecedent. Considering the above facts and the plea of the petitioner that he is a first-time offender and absence of any serious injury so claimed, this Court, recording the objection of the State, is inclined to direct him to surrender before the learned SDJM, Athagarh for being released subject to verification as to the nature of injury received by the victim and only if it not grievous and also absence of any other antecedent against him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned SDJM, Athagarh within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with C.T. Case No.149 of 2026on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The above order, as is further directed, shall not be given effect to if the petitioner is having other antecedent and also for any such grievous injury received by the victim. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita