Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.989 of 2026
Duleswar Yadav …. Petitioner
Mr. M.K. Panda, Advocate
-Versus-
State of Odisha …. Opposite Party
Miss B.K. Sahu, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 17.02.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Jonk P.S. Case No.241 of 2025 corresponding to C.T. Case No.808 of 2025 pending in the court of learned S.D.J.M., Nuapada on the grounds stated.
3. Referring to Annexure-1, it is submitted that the alleged incident took place and it has been reported at the PS with exaggeration. It is further submitted that the victim has not received any grievous injury. The petitioner is also having no past antecedent. It is informed to the Court that the investigation is in progress. A case under Section 109(1) BNSS has been registered along with other allied offences. Recorded the objection of learned counsel for the State, according to whom, the victim might to have received serious injury as a result of assault by means of an iron rod as mentioned in the p. 2 FIR i.e. Annexure-1. Considering the above facts and
submissions of learned counsel for the respective parties, the Court is not inclined to grant pre-arrest bail to the petitioner, however, is of the view that he should surrender before the learned court below seeking regular bail for being considered and released if there is absence of grievous injury caused to victim and also antecedent against him.
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 within a fortnight from today before learned S.D.J.M., Nuapada in connection with Jonk P.S. Case No.241 of 2025 corresponding to C.T. Case No.808 of 2025, he shall be released upon furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount with such other conditions besides the following, such as, he shall not cause any injury to the informant/victim and to co-operate the IO in the investigation, till the same is over The above order, as is further directed, shall not be given effect to, in case, the learned court below finds presence of past antecedent of the petitioner and grievous injury received by the informant.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge
TUDU