Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.528 of 2026
Sayed Ershad Alli & Others …. Petitioners
Mr. Nikunja Kumar Rout, Adv.
-Versus-
State of Odisha …. Opposite Party
Mr. S. Panda, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 27.01.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Daragha Bazar P.S. Case No.216 of 2024 corresponding to G.R. Case No.1145 of 2024 pending in the file of learned J.M.F.C.(II), Cuttack on the grounds stated therein.
3. Perused the FIR as at Annexure-1. The submission is that the petitioners do not have any antecedents. In reply to the same, learned counsel for the State submits that nearly 13 cases are pending against each other registered inter se between the parties. The case diary is produced along with medical examination report of the injured by the learned counsel for the State and the same is gone through. It is made to understand that there is a civil dispute pending between the parties. In the meantime, the chargesheet has been submitted, a copy of which is made available along with the case diary and it reveals that p. 2 two suits in C.S. No.358 of 2005 and C.S. No.1074 of 2015 are pending in relation to the civil dispute between the parties. In so far as the petitioners are concerned, all of them alleged to be involved in the incident for which the FIR i.e. Annexure-1 has been lodged. But, the medical examination report of one of the injured, namely, Talat Afroz, reveals that she has received multiple injuries however not grievous as all such injuries are abrasions and a swelling.
4. Considering the above facts and the submissions of
learned counsel for the respective parties and pendency of the civil suit between both the sides having approached the civil court, this Court is of the view that they should be directed to surrender before the learned court below for being released on bail instead of pre-arrest bail, as has been demanded by them and accordingly, it is ordered.
5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C.(II), Cuttack within a fortnight from today, the petitioners shall be released on bail in connection with Daragha Bazar P.S. Case No.216 of 2024 corresponding to G.R. Case No.1145 of 2024 subject to them furnishing a bail bond of Rs.25,000/- (Rupees twenty five 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 besides the following, such as, they shall not pick-up any quarrel or p. 3 fight with the other side while on bail and shall not commit any further mischief in any manner whatsoever.
6. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok