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2026 DAILYLAW 2533 (ORI)

SANTOSH KU DAS @ GULUGULA DAS v. STATE OF ODISHA

ABLAPL/1218/2026 · 2026-03-30

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1218 of 2026 Santosh Kumar Das @ Gulugula Das …. Petitioner Mr. T.P. Mohapatra, Advocate -Versus- State of Odisha …. Opposite Party Mr. B.P. Nayak, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.03.2026 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 Puri Sadar P.S. Case No.556 of 2025 corresponding to G.R. Case No.715 of 2025 pending in the file of learned Nyayadhikari Gramanyayalaya, Puri on the grounds stated therein. 3. Perused the FIR as at Annexuer-1. Mr. Mohapatra, learned counsel for the petitioner submits that the petitioner does not have any antecedent. In fact, this Court by order dated 5th March, 2026 had directed the State to submit the antecedent report in respect of the petitioner but the same has not been received. It is informed to the Court by learned counsel for the petitioner that the petitioner does not have any antecedent of similar nature. Referring to the FIR i.e. Annexure-1, it is submitted that the petitioner was assaulted by the informant’s husband and was shifted to the hospital in PCR Van. It is p. 2 claimed that counter FIR has been lodged leading to the registration of Puri Sadar P.S. Case No.557 dated 17th September, 2025. The reason behind the alleged assault was revealed by the learned counsel for the petitioner. As the petitioner was allegedly demanding ‘Dadabati’ from the informant on the eve of Biswakarma Puja. Recording the submission as above and the claim that the petitioner has no antecedent of similar nature, this Court, instead of directing the State to comply the earlier order dated 5th March, 2026, is inclined to consider the release of the petitioner upon his surrender before the learned Court below with conditions as there was exchange of assault between both the sides during and in course of the incident revealed from the FIR itself. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned Nyayadhikari Gramanyayalaya, Puri in connection with Puri Sadar P.S. Case No.556 of 2025 corresponding to G.R. Case No.715 of 2025, he shall be released on bail subject to him on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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. It is further directed that the above order shall be given effect to only if the learned court below p. 3 finds the petitioner having no other similar antecedent to his credit. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok