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2026 DAILYLAW 3128 (ORI)

GOPALI NATH @ GOPABANDHU v. STATE OF ODISHA

ABLAPL/1616/2026 · 2026-03-23

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1616 of 2026 Gopali Nath@ Gopabandhu & others …. Petitioners Mr. S.K.Dash, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.K.Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. (GN) Case No.536 of 2025 pending in the file of learned NGN Ghasipura corresponding to Ramachandrapur P.S. Case No.357 of 2025 on the grounds stated. 3. Gone through the FIR as at Annexure-1. Referring to Annexure-2 a copy of an application before the Executive Magistrate, Anandapur in CMC No. 365 of 2025 under Section 126 BNSS, it is submitted by learned counsel for the petitioners that there is a dispute in the village on account of possession of a piece of Government land by the informant and her husband and in that connection, the alleged incident described in Annexure-1 said to have taken place. It is claimed that no one p. 2 received any injury as a result of the excess committed by the petitioners named in the report. Recorded the objection of the State. The Court finds that all the offences to be bailable in nature except the one under Section 303(2) and Section 74 BNSS. The Court further finds that in course of events, the overt acts have been committed by a group of people and it has resulted in outraging modesty of the informant. It is claimed that there was no real intention as such to outrage the modesty. As regards theft, an amount of Rs.2000/- alleged to have been removed from possession of the informant. Considering the above facts and recording the claim that the petitioners do not have any other antecedent, this Court though not in favour of granting pre-arrest bail to them, however, of the view that the petitioners should be directed to surrender before the learned court below to go on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned NGN Ghasipura, in connection with G.R. (GN) Case No.536 of 2025 corresponding to Ramachandrapur P.S. Case No.357 of 2025 within a fortnight, it is directed that they shall be released on bail on furnishing a bail bond of Rs. 50,000/-(rupees fifty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed proper in the facts and circumstances of the case. Page 3 of 3 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita