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2026 DAILYLAW 18652 (ORI)

S.K.NABI v. STATE OF ODISHA

ABLAPL/5217/2026 · 2026-05-19

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5217 of 2026 S.K. Nabi …. Petitioner Mr. T.K. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC And ABLAPL No. 5238 of 2026 Ravi @ Naga Redi Rama Rao …. Petitioner Mr. T.K. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. M. K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.05.2026 01. 1. Both the ABLAPLs are taken up together and disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.322 of 2026 pending in the file of learned S.D.J.M., Rayagada arising out of Rayagada P.S. Case No.155 of 2026 on the grounds stated. 4. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the parties. It is submitted to the Court that the principal accused persons are not before this Court, whereas, the names of the petitioners are not mentioned in the FIR. It is further submitted that the petitioners do not have any antecedent. The claim is that some of the accused persons are on bail not the principal accused, in respect of whom, bail was rejected by the learned court below. Admittedly, the names of the petitioners do not find place in the FIR. The names of two are alleged, who said to have committed the mischief along with the others. It is informed to the Court that the accused persons, who are released on bail, it was for the fact that the injury report could not be made available to the court below. On the other hand, Mr. Mohanty, learned ASC for the State opposed release of the petitioners on bail considering the allegations in the FIR. 5. The FIR reveals that assault was by means of an iron rod. Two persons named in the FIR said to have been assaulted receiving bleeding injuries. But considering the fact that the petitioners claimed to have no other antecedent and the accused persons similarly situated are on bail, this Court, recording such submission of Mr. Mishra, learned counsel for the petitioners and State’s objection, though not in favour of entertaining their bail plea but is inclined to direct both of them to surrender before the learned court below for being released on bail with suitable conditions imposed as they found to be equally place like others on bail. 6. Accordingly, it is ordered. 7. In the result, the ABLAPLs are disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned S.D.J.M., Rayagada within four weeks from today, it is directed that they shall be released on bail in connection with G.R. Case No.322 of 2026 corresponding to Rayagada P.S. Case No.155 of 2026 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts in the circumstances of the case besides the following, such as, none of them shall commit any mischief involving the informant after release and to report the I.O. once in a fortnight for the purpose of investigation without default. The above order, as is further directed, shall not be given effect to if any of the petitioners is/are found to have similar antecedents and the victim has received grievous injury. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer