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2026 DAILYLAW 2156 (ORI)

SURYA DALEI v. STATE OF ODISHA

ABLAPL/1737/2026 · 2026-04-08

R K Pattanaik

Public Interest Litigationbody2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1737 of 2026 Surya Dalei …. Petitioner Mr. Amitav Tripathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 08.04.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.791 of 2025 arising out of Nihalprasad P.S. Case No.328 of 2025 pending in the file of learned J.M.F.C., Gandia on the grounds stated. 3. The alleged incident is narrated in the F.I.R. i.e. Annexure-1. The petitioner said to have assaulted the informant and caused an injury by means of a stone followed by kick blows. The report further reveals that the informant was shifted to the hospital by others. This Court by order dated 25th March, 2026 had directed the State to cause production of the medical examination report, which is compiled today. On a reading of the report, it is revealed that the informant has received a single injury on his forehead, but found to be simple in nature. It is claimed that the petitioner is a first-timer and does not have any previous antecedent. The investigation is stated to be in progress at present. Considering the above facts and submissions of learned counsel for the respective parties and the nature of injury received by the informant not being grievous revealed from the medical examination report produced by the State, this Court is of the view that it is not a case for pre-arrest bail, but the petitioner should instead be directed to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrender before the court of learned J.M.F.C., Gandia within a fortnight from today, it is directed that he shall be released on bail in connection with G.R. Case No.791 of 2025 arising out of Nihalprasad P.S. Case No.328 of 2025 on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm and further mischief involving the informant and attend the P.S. once in a fifteen days’ time and to report the I.O. and to continue to do so for a period of three months or till the investigation is over whichever is earlier. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Sumitra