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2026 DAILYLAW 16342 (ORI)

SUNIL MOHANTY v. STATE OF ODISHA

ABLAPL/3192/2026 · 2026-05-11

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3192 of 2026 Sunil Mohanty & others …. Petitioners Mr. S. K. Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.05.2026 02. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Dhenkanal Town P.S. Case No.136 of 2026 corresponding to G.R. Case No.321 of 2026 pending in the file of learned S.D.J.M., Dhenkanal on the grounds stated. 3. Perused the FIRs as at Annexures-1 and 2. It is submitted that the counter FIR i.e. Annexure-2 was lodged by the petitioners. It is further submitted that the petitioners do have antecedents but the injuries are not grievous. This Court by order dated 27th April, 2026 had directed the State to take instructions in view of the claim that the antecedents are on account of cases registered inter se parties. Such instructions have not been received as informed to the Court by Mr. Panda, learned ASC for the State but in course of hearing, medical p. 2 examination report in respect of the victims is submitted. The Court finds from the reports that injuries are not grievous which are laceration and abrasion. Considering the above facts and submissions of learned counsel for the respective parties even though the petitioners do have antecedents but for the self-same incident, a cross FIR as per Annexure-2 is lodged by them against the informant and in absence of any such serious injuries received by the other side, this Court is inclined to direct all to surrender before the learned court below for being released with stringent conditions even though not inclined to entertain their plea for pre-arrest bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned S.D.J.M., Dhenkanal in connection with G.R. Case No.321 of 2026 corresponding to Dhenkanal Town P.S. Case No.136 of 2026 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with other conditions imposed besides the following, such as, they shall not cause any harm to the informant and commit such other mischief involving her in any manner whatsoever and to furnish an undertaking at the local PS in that regard; and at the same time to co-operate the IO in the investigation and attend the PS as and when summoned. It is made clear that any of the conditions imposed is or violated, it shall forthwith entail p. 3 cancelation of bail granted to the petitioners without reference to this Court. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU