p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7628 of 2026 Tunia@ Pradeep Nayak …. Petitioner Mr. Swaraj Patel, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC And ABLAPL No.7727 of 2026 Chandan Swain …. Petitioner Mr. B.N. Satapathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 14.07.2026 01. 1. Both the ABLAPLs are taken up for orders. 2. Recorded the submissions of learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Town P.S. Case No. 597 of 2025 corresponding to G.R. Case No.1991 of p. 2 2025 pending in the file of learned SDJM, Sundargarh on the grounds stated therein. 4. Perused the FIR as at Annexure-1(in both the cases). The case diary is submitted to the Court along with other relevant documents including the PM report and the same are gone through. Considered the objection of Mr. Mohanty, learned ASC for the State with reference to the statements of the witnesses recorded during investigation. The copies of the witnesses, to the occurrence are at Annexure-2 series in ABLAPL No. 7628 of 2026. The same are also perused. The death is suicidal as per the PM report, hence, a case under Section 108 BNS. 5. In fact, the Court finds that a case under Section 103(1) BNS was registered and thereafter, it was turned to one under Section 108 BNS. It is submitted to the Court by Mr. Satapathy, learned counsel for the petitioner in ABLAPL No. 7727 of 2026 that the accused namely, Himashu Sekhar Jena, a contractor has been released on bail in the meantime. Mr. Patel, learned counsel for the other petitioner submits that the said accused is a labourer and was present at the spot when the co- accused contractor slapped the deceased in his presence and others. With such submission, learned counsels for the petitioners would submit that the accused persons should be allowed to go on bail with any terms and conditions. 6. Mr. Mohanty, learned ASC, on the other hand, refers to the statement of one of the ocular witnesses, namely, Sujoy Kumar Soy recorded under Section 180 BNSS and submits that p. 3 the petitioner assaulted the deceased in presence of the accused contractor and thereafter, he committed suicide. 7. The chargesheet is filed under Section 108 BNS against all the accused persons. The alleged incident is an outcome of a dispute between the contractor accused and the deceased and the former assaulted the latter in presence of other accused persons, who said to have committed further mischief. It is alleged that because of the ill-treatment meted out to the deceased by the co-accused contractor having slapped him and that subsequently, the other overt acts committed by the co- accused persons, the deceased committed suicide. A case under Section 108 BNS has been registered with the chargesheet filed in the meantime. Considering the above facts and circumstances of the case and that the deceased did commit suicide after he was slapped by the co-accused, namely, Himanshu Sekhar Jena, who is on bail and at that time, the petitioners did some overt acts and assaulted him as well but in absence of any such visible injuries revealed from the PM report, this Court is though not in favour of entertaining their bail plea, however, is inclined to direct them to surrender before the learned court below for being released with suitable conditions. 8. Accordingly, it is ordered. 9. In the result, the ABLAPLs stand disposed of. It is directed that in the event, the petitioners surrender before the court of learned SDJM, Sundargarh in connection with Town P.S. Case No. 597 of 2025 corresponding to G.R.Case No.1991 p. 4 of 2025 within a period of fifteen days from today, they shall be released on bail subject to them furnishing bail bonds 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 none of the petitioners shall influence any of the material witnesses connected to the case while on bail. 10. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Kabita