Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 26367 (ORI)

AJIT KUMAR SASMAL v. STATE OF ODISHA

ABLAPL/7719/2026 · 2026-07-15

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.7719 of 2026 Ajit Kumar Sasmal …. Petitioner Mr. S. K. Bhanjadeo, Advocate -Versus- State of Odisha …. Opposite Party Ms. B. K. Sahu, AGA 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 petitioner in connection with Buguda P.S. Case No.286 of 2026 corresponding to G.R. Case No.266 of 2026 pending in the file of learned J.M.F.C., Buguda on the grounds stated therein. 3. Referring to Annexure-2 Series, Mr. Bhanjadeo, learned counsel for the petitioner submits that there is a civil dispute pending between the parties, namely, the informant and the mother of the petitioner. The further submission is that the co- accused persons arrested in connection with the case are on bail pursuant to the order in B.A. No.266 of 2026 of the learned Sessions court. For the fact that there is a dispute over property and that the alleged incident took place involving the parties and no one having received any injury as a result of assault as clearly revealed from the FIR at Annexure-1 and also in the order of the B.A. (supra), the petitioner should be allowed to go on bail with conditions as further submitted. Recorded the p. 2 objection of the State. On perusal of the FIR, the details of the incident are revealed therein. The assault was by means of an axe aiming at the neck of the victim, who however managed to avoid and received no injury. The petitioner is said to have no other criminal antecedents like the co-accused, who are on bail by the order of the learned Sessions court (supra). It is also made to understand that the informant declined to be medically examined having not sustained any injury. Considering the above facts and submissions of learned counsel for the respective parties and a dispute over property is the reason behind the alleged occurrence, this Court is inclined to direct the petitioner to surrender before the learned court below for being released with conditions though his bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned J.M.F.C., Buguda in connection with Buguda P.S. Case No.286 of 2026 corresponding to G.R. Case No.266 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.20,000/- (rupees twenty thousand only) with one solvent surety for the like amount and such other terms and conditions as deemed just and proper in the facts and circumstances of the case. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra