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2026 DAILYLAW 26342 (ORI)

ARAKHITA SAMAL v. STATE OF ODISHA

ABLAPL/7728/2026 · 2026-07-15

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7728 of 2026 Arakhita Samal & another …. Petitioners Mr. A. R. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. Satyabarata Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.07.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Binjharpur P.S. Case No.307 of 2026 corresponding to C.T. Case No.1471 of 2026 pending in the file of learned S.D.J.M., Jajpur on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. The petitioners are alleged of having assaulted the victims and the incident has been reported by the informant. Mr. Panda, learned counsel for the petitioners submits that petitioner No.1 is a young boy and the assault is at the behest of petitioner No.2. Mr. Panda, learned ASC for the State submits that the informant herself is one of the injured. The further submission is that due to the assault by the petitioners, the victims received multiple injuries and one of them, namely, Biren Samal p. 2 received fracture injury on his head, hence, considering the same, they are not entitled to bail. On a reading of the FIR, this Court finds that the petitioners attacked the husband of the informant. It is made to understand that petitioner No.2 assaulted the victims by means of a bamboo lathi. The case diary is submitted to the Court along with the medical examination reports of the victims and on perusal of the same, such reports reveal that all of them received multiple injuries and as earlier stated, the injured named above was found to have a fracture injury at the time of medical examination. The involvement of the petitioner is alleged as made to reveal from the statements of the witnesses. Considering the above facts and the assault by the petitioners, this Court recording the objection of the State and the grievous injury received by one of the injured, is not inclined to entertain the bail plea, but allows them to surrender before the learned court below seeking regular bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, petitioners surrender before the learned S.D.J.M., Jajpur in connection with Binjharpur P.S. Case No.307 of 2026 corresponding to C.T. Case No.1471 of 2026 within a fortnight from today and move applications for regular bail, it shall be duly considered and disposed of in the first hour and in case of rejection, they shall approach the Sessions Court during the second hour for orders on the same day. p. 3 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra