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2026 DAILYLAW 22654 (ORI)

KEDAR NAYAK v. STATE OF ODISHA

ABLAPL/5782/2026 · 2026-06-29

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5782 of 2026 Kedar Nayak …. Petitioner Mr. T.P. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 29.06.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Kanas P.S. Case No.253 of 2025 corresponding to G.R. Case No.411 of 2025 pending in the file of learned J.M.F.C., Kanas on the grounds stated therein. 3. Perused the FIRs as at Annexures-1 & 2 and the injury reports i.e. Annexure-3 series. It is submitted to the Court that the injury received by the victim is not grievous as learned counsel for the petitioner refers to Annexure-3 series. The submission is that one of the accused persons, namely, Banaja Bahubalendra though was suspected to receive grievous injury but on further medical examination, it was found the same is simple in nature. A copy of the said report dated 5th November, 2025 is at Annexure-3 series. The case diary is produced today by the State. This Court finds that all the injuries are simple received by the victim during the alleged incident in respect of which the FIRs have been lodged against each other. On being asked, it is informed to the Court that there is no other similar antecedent against the petitioner. One of the accused persons is on bail as revealed from the record pursuant to the Court’s order in the ABLAPL at Flag-A. considering the above facts and the submissions of the learned counsel for the petitioner and the objection of the State, this Court though not in favour of entertaining the bail plea of the petitioner, however, is inclined to direct him to surrender before the learned court below for being released with conditions imposed. 4. Accordingly, it is ordered. 5. In the result, ABLAPL is disposed of. It is directed that in the event the petitioner surrenders within a fortnight from today before the learned J.M.F.C., Kanas in connection with Kanas P.S. Case No.253 of 2025 corresponding to G.R. Case No.411 of 2025, he shall be released on bail subject to his furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with one solvent surety for the like amount 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. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok