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2026 DAILYLAW 24481 (ORI)

SAILABALA DALEI v. STATE OF ODISHA

ABLAPL/7436/2026 · 2026-07-07

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7436 of 2026 Sailabala Dalei …. Petitioner Mr. P.C. Jena, 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 Itamati P.S. Case No.208 of 2026 corresponding to G.R. Case No.636 of 2026 pending in the file of learned S.D.J.M., Nayagarh on the grounds stated. 3. Perused the FIR as at Annexure-1. Mr. Jena, learned counsel for the petitioner submits that the assault is by the husband of the informant and therefore, she should be allowed to go on bail which is objected to by Mr. Panda, learned ASC for the State with the submission that the present accused facilitated the assault. The FIR reveals that the accused husband assaulted the victim by means of a Katuri. The FIR further reveals that after a quarrel, the alleged assault has taken place. The victim said to have received a head injury on account of the assault by the other accused. The petitioner is lady aged about 55 years and she is alleged to have handed over the p. 2 weapon of offence to her husband, who in turn assaulted the victim after the quarrel. Considering the above facts and submissions of learned counsel for the respective parties, this Court, though not in favour of considering the bail plea, however, to direct the petitioner 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. It is further directed that in the event, the petitioner surrenders before the learned S.D.J.M., Nayagarh in connection with G.R. Case No.636 of 2026 corresponding to Itamati P.S. Case No.208 of 2026 within a fortnight from today, she 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 and subject to confirmation as to absence of any such grievous injury received by the victim. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu