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2026 DAILYLAW 28639 (ORI)

NIRAKAR LENKA v. STATE OF ODISHA

ABLAPL/8406/2026 · 2026-07-27

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8406 of 2026 1. Nirakar Lenka 2. Bhagaban swain @ Gandhia 3. Pitamber Bisoi @ Bishoyi …. Petitioners Mr. L. Achari, Advocate -versus- State of Odisha …. Opposite Party Mr. S. S. Routray, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 27.07.2026 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 G.R. Case No.1051 of 2026 pending on the file of learned JMFC(R) Berhampur, Ganjam arising out of Sadar P.S. Case No.344 of 2026 for commission of offences punishable under Sections 296/ 331(4)/ 305/ 115(2)/ 118(2)/ 351(2)/ 3(5) of BNS. 3. It is submitted by the learned counsel that without any premeditation the alleged occurrence has taken place and exaggerated allegations have p. 2 been made. And, since the Petitioners are the first offenders they may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail during the currency of the investigation. 5. 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 Petitioners 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. 6. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to. 7. It is directed that the Petitioners shall not in any way try to intimidate or threaten the Informant or his family. 8. It shall be open for the prosecution/Informant to seek variance of this order, if there is any threat perception. 9. Additionally, it is directed that the Petitioners shall appear before the jurisdictional Police Station once a month on such date and time to be fixed by the learned Court in seisin till submission of final p. 3 form. Certification of such appearance shall be submitted to the learned Court in seisin. 10. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 11. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Jina