Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 4601 (ORI)

CHANIA @ SUSANTA MOHAPATRA v. STATE OF ODISHA

ABLAPL/2286/2026 · 2026-04-21

V Narasingh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2286 of 2026 1.Chania @ Susanta Mohapatra 2.Som @ Ashutosh Mohapatra &. Petitioners Ms. A. Dash, Advocate -versus- State of Odisha &. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.04.2026 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. 534 of 2025 pending on the file of learned J.M.F.C,(Cog taking), Dhenkanal, Dist-Dhenkanal, arising out of Motanga P.S Case No. 415 of 2025 for commission of offences punishable under Sections 109/ 117(2)/ 126(2)/ 296/ 351(2)/ 3(5) of BNS, 2023. 3. It is submitted by the learned counsel that since the injuries have been categorized as simple, the Petitioners may be protected by pre-arrest bail. 4. Referring to the seat of the injury which are on the vital part, learned counsel for the State opposes the prayer for pre-arrest bail. Page 2 of 3 5. Taking into account the nature of allegation, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner No.1. However, it is directed that the Petitioner No.1 (Chania @ Susanta Mohapatra) may surrender before the learned J.M.F.C,(Cog taking), Dhenkanal, Dist- Dhenkanal in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C,(Cog taking), Dhenkanal, Dist-Dhenkanal on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C,(Cog taking), Dhenkanal, Dist- Dhenkanal, the Petitioner No.1 is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner No.1 on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.1 and learned J.M.F.C,(Cog taking), Dhenkanal, Dist-Dhenkanal is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. Page 3 of 3 Ground of parity, if any, may be considered by the learned court(s) below. 7. So far as the ABLAPL in respect of Petitioner No.2 is concerned, taking into account that he is a young man of 19 years old, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.2 (Som @ Ashutosh Mohapatra) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 8. It is needless to state that the Petitioner No.2 shall cooperate with the ongoing investigation. 9. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Jina