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2026 DAILYLAW 6076 (ORI)

DHEERAJ KUMAR RAI @ DHEERAJ RAY v. STATE OF ODISHA

ABLAPL/1681/2026 · 2026-03-24

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1678 of 2026 Sanjeet Rai @ Sanjeet Ray …. Petitioner Mr. D. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K.Mohanty, ASC And ABLAPL No.1681 of 2026 Dheeraj Kumar Rai@ Dheeraj Ray …. Petitioner Mr. D. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.03.2026 01. 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 seeking pre-arrest bail of the petitioners in connection with C.T. Case No.71of 2026, arising out of Brajrajnagar P.S. Case No.18 of 2026, pending in the file of learned JMFC-1 (Cog taking) Jharsuguda on the grounds stated. Page 2 of 3 4. Mr. Sahoo, learned counsel for the petitioners submits that none of the petitioners is having any antecedent and as per the allegation in the F.I.R. at Annexure-1, they in a drunken condition, assaulted the informant and caused him injuries, which are not grievous. It is further submitted that the accused namely, Sanjeet Rai @ Sanjeet Ray in ABLAPL No. 1678 of 2026 is a juvenile and he alleged to have committed the excess, while in the company of the other petitioners. Learned counsel for the State opposed the release of the accused persons in ABLAPL No. 1681 of 2026. The case diary and medical examination report of the informant is produced and the same is gone through. The informant as per the medical examination report received a laceration and an abrasion with cut injury but all are simple in nature. The reason behind their alleged assault is not revealed from the F.I.R. It is made to suggest that the informant was playing cricket and at that time, the petitioners under intoxication committed the overt acts but having regard to the claim that the accused persons do not have any antecedent and hence, first-time offenders and recording the objection of the State, this Court though not inclined to grant pre-arrest bail to any of them but is of the view that they should surrender before the learned court below for being released with suitable conditions. 5. Accordingly, it is ordered. 6. In the result, the ABLAPLs are disposed of with the direction as aforesaid. It is further directed that in the event, the p. 3 petitioner in ABLAPL No. 1678 of 2026 surrenders before the learned JJB, Jharsuguda in connection with Brajrajnagar P.S. Case No.18 of 2026 corresponding to C.T. Case No. 71 of 2026 of the file of learned JMFC-1 (Cog taking) Jharsuguda within a fortnight from today, he shall be released on bail with conditions obtaining undertaking from his parents to ensure that he is not involved in similar criminal activities while on bail. It is further directed that the other accused persons vis-à-vis in ABLAPL No. 1681 of 2026 upon their surrender shall be released on bail by the learned court below subject to conditions besides the following, such as, they shall furnish an undertaking to not involve in such activities after being released and to report the I.O. and attend the P.S. once in ten days’ time preferably on Sunday between 10.00 a.m. and 1.00 P.M. for the purpose of investigation without fail. The above order shall not be given effect to, if the petitioners in ABLAPL No. 1681 of 2026 are having antecedents. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita