p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1222 of 2026 Nimain @ Babaji Jena & another …. Petitioners Mr. P. C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC And ABLAPL No.1313 of 2026 Balaram Jena …. Petitioner Mr. P. C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC Mr. N. Hota, Advocate CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.03.2026 02. 1. Both the ABLAPLs are taken up for orders. 2. Heard learned counsel for the respective parties. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Jaleswar P.S. Case No.35 of 2026 corresponding to C.T. Case No.49 of 2026 pending in the file of learned J.M.F.C., Jaleswar on the grounds stated therein. Page 2 of 3 4. Since the bail plea vis-à-vis petitioner No.2 in ABLAPL No.1222 of 2026 is not pressed, hence, the ABLAPL is dismissed as against him. 5. Recorded the submissions of learned counsels for the parties. This Court by order dated 6th March, 2026 in ABLAPL No.1222 of 2026 had directed the State to collect the antecedent report of the petitioners, which has not been received as informed today. A copy of the medical examination report is produced and it shows that the victim, namely, Jitendra Jena received lacerations on his head, however, are found to be not grievous with an opinion therein that it might have been caused by hard and blunt object. The Court finds that a counter F.I.R. has been lodged by the petitioners registered as Jaleswar P.S. Case No.36 dated 17th January, 2026. The names of the petitioners are mentioned in the F.I.R. i.e. Annexure-1. The reason behind the alleged incident is narrated therein. As the parties are known to each other and the alleged incident took place during which it is claimed that the victim was assaulted, but in view of the medical examination report dated 17th March, 2026, it is revealed that such injuries are lacerations and stated to be simple in nature. Considering the above facts and submissions of learned counsels for both the sides and State, this Court though not inclined to consider plea of pre- arrest bail, but is of the view that the petitioners, who claimed to have no other antecedent, should be directed to surrender before the learned court below for being released with stringent conditions. Page 3 of 3 6. Accordingly, it is ordered. 7. In the result, ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C., Jaleswar within a fortnight from today, the petitioners shall be released on bail in connection with Jaleswar P.S. Case No.35 of 2026 corresponding to C.T. Case No.49 of 2026 subject to them furnishing a bail bond of Rs.30,000/- (Rupees thirty 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 commit any further mischief being involved with the other side. It is further directed that the above order shall not be given effect to if any of the petitioners is having similar antecedent upon enquiry held by the learned court below in that regard with the assistance of local PS. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra