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2026 DAILYLAW 16624 (ORI)

BAPUNU DAS @ SANTOSH DAS v. STATE OF ODISHA

ABLAPL/4926/2026 · 2026-05-15

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4926 of 2026 Bapunu Das @ Santosh Das & others …. Petitioners Mr. Amaresh Chandra Samal, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Basta P.S. Case No. 219 of 2026 corresponding to C.T. Case No. 516 of 2026 pending in the file of learned J.M.F.C., Basta on the grounds stated therein. 3. This Court by order dated 5th May, 2026 had directed the State to submit the injury reports of the victims and today, the same are produced. From the reports, this Court finds that the injured, namely, Chandrakanta Das received a laceration stated to be simple in nature. The other victim, namely, Harekrushna Das had abrasions but the medical examination report does not have the medical opinion. Mr. Samal, learned counsel for the petitioners would submit that no one received any serious injury and in so far as the assault by means of Katuri and iron rod is concerned, it is not at the behest of the petitioners but the other two, namely, Sashikanta Behera and Amar Behera, which is revealed from the FIR itself. Recorded p. 2 the objection of Mr. Lenka, learned ASC for the State. On being asked, it is informed to the Court that petitioner Nos. 1 and 2 do not have any antecedents but petitioner No.3 has one. Considering the above facts and that petitioner No.3 is a young boy aged about 18 years, this Court considering the fact that the injuries are suggested to be not grievous so revealed from the medical reports, the Court is inclined to direct the petitioners to surrender before the learned court below for being released, though their plea for pre-arrest bail is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Basta within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with C.T. Case No.516 of 2026 arising out of Basta P.S. Case No.219 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one solvent surety for the like amount each 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. It is further directed that the above order shall not be given effect to if the informant received any serious injury on account of the assault by the petitioners and also upon verification of their criminal antecedent. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT