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2026 DAILYLAW 28199 (ORI)

CHUMUKI DALAI v. STATE OF ODISHA

ABLAPL/8224/2026 · 2026-07-24

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8224 of 2026 1. Chumuki Dalai 2. Khari Dalai 3. Padan Dalai 4. Dillip Dalai …. Petitioners Mr. B. Mohapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. U. C. Jena, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.07.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.1177 of 2026 pending on the file of learned JMFC, Chandikhol, arising out of Jenapur P.S. Case No.172 of 2026 for commission of offences punishable under Sections 296, 118(1), 118(2), 109(1), 351(2) and 3(5) of BNS. 3. It is submitted by the learned counsel that since omnibus allegations have been made and the same have to be viewed in the background of the p. 2 civil dispute, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail. 5. This Court perused the statement of the injured, namely, Duryodhana Dalai. 6. Taking into account the tenor of the statement, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.3 (Padan Dalai). However, in the event the Petitioner No.3 surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 7. So far as the ABLAPL in respect of Petitioner Nos.1, 2 and 4 is concerned, taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.1, 2 and 4 (Chumuki Dalai, Khari Dalai and Dillip Dalai respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. p. 3 8. If it comes to the fore that the Petitioner Nos.1, 2 and 4 have any such criminal antecedent, this order shall not be given effect to. 9. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 10. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina