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2026 DAILYLAW 24366 (ORI)

SAHEBA MALICK @ GUNIA @ SAIBA v. STATE OF ODISHA

ABLAPL/7439/2026 · 2026-07-07

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7439 of 2026 Saheba Malick @ Gunia @ Saiba …. Petitioner Mr. S.N. Mishra-4, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.07.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Chudamani Marine P.S. Case No.45 of 2023 corresponding to G.R. Case No.484 of 2023 pending in the file of learned J.M.F.C., Basudevpur on the grounds stated. 3. Perused the FIR as at Annexure-1. Referring to the earlier bail order in the ABLAPL at Flag-B, it is submitted that the petitioner could not avail the bail order for having antecedents. Such is the reason which influenced the learned court below denying him bail while complying the order in the ABLAPL at Flag-C. Mr. Panda, learned ASC for the State submits that petitioner has three criminal cases including the present one and produced the case diary for the Court’s perusal. The case diary reveals that the petitioner having two antecedents of the year 2022. Mr. Mishra, learned counsel for the petitioner submits that the petitioner has been released on bail in ABLAPL No.7368 of 2026 on similar ground and has been directed to surrender before the learned court below seeking regular bail therein but the submission is that he should be allowed to go on bail herein since the injury is simple in nature. Along with the case diary, State has produced the medical examination report. The medical report reveals that the injured, namely, Shashi Malik has received laceration etc. but stated to be simple in nature. Considering the above facts and as injuries are not grievous notwithstanding the order in the ABLAPL at Flag-B and rejection order i.e. Annexure-2, this Court directs the petitioner to surrender before the learned court below for being released with stringent conditions even though his bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the learned J.M.F.C., Basudevpur in connection with G.R. Case No.484 of 2023 corresponding to Chudamani Marine P.S. Case No.45 of 2023 within a fortnight from today, he shall be released on bail 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. Apart from above, it is directed that the petitioner shall furnish an undertaking at the PS not to commit any further mischief involving the informant and the same time, to report the IO once in a fortnight for the purpose of investigation without default at least for a period of three months or till it is over whichever is earlier. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu