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2026 DAILYLAW 1561 (ORI)

LIPUNI KUNDU v. STATE OF ODISHA

ABLAPL/186/2026 · 2026-01-12

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.186 of 2026 Lipuni Kundu and others …. Petitioners Mr. P.K. Samantray, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S.K. Bramha, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.01.2026 01. 1. Heard Mr. Samantray, learned counsel for the petitioners and Mr. Bramha, learned ASC for the State. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Jatni P.S. Case No.567 of 2025 corresponding to T.R. Case No.04 of 2026 pending in the file of learned Special Court-cum-District & Sessions Judge, Bhubaneswar on the grounds stated therein. 3. The record reveals that the informant lodged the FIR dated 23rd December, 2025 as per Annexure-2 and it was followed by another i.e. Annexure-1 with the allegations levelled therein against the petitioners. It has been alleged that petitioner No.1 in course of events allegedly assaulted opposite party No.2 and threatened the latter with dire consequences. The submission of Mr. Samantray, learned counsel for the petitioners is that an FIR was also lodged by petitioner No.1, a copy of which is at Annexure-3 and subsequent thereto, the informant lodged the second FIR i.e. Annexure-1 with such allegations made therein. It is made to understand that the daughter of opposite party No.2 was attending tuition before petitioner No.1 and thereafter, the alleged incident was reported. It is claimed that there has been no injury received by opposite party No.2 in course of the alleged incident. Considering the nature of allegations revealed from Annexures- 1 & 2 and the fact that one FIR was also lodged from the side of the petitioners against the informant herein, the Court is of the view that though the petitioners are not to be granted pre- arrest bail but should be directed to surrender before the court concerned for being released on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the learned court below within a fortnight from today, they shall be released on bail in connection with Jatni P.S. Case No.567 of 2025 corresponding to T.R. Case No.04 of 2026 subject to them furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with one solvent surety each for the like amount to the satisfaction of learned Special Court-cum-District & Sessions Judge, Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not terrorize or cause any harm or injury to opposite party No.2 or any of her family members in any manner whatsoever while on bail. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok