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2026 DAILYLAW 6084 (ORI)

SHAKTI @ SURYAKANTA GOCHHAYAT v. STATE OF ODISHA

ABLAPL/394/2026 · 2026-01-20

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 394 of 2026 Shakti @ Suryakanta Gochhayat …. Petitioner Mr. Arijeet Mishra, Advocate -Versus- State of Odisha …. Opposite Party Ms. Siva Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.01.2026 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 Banki P.S. Case No.295 of 2025 corresponding to G.R. Case No.336 of 2025 pending in the file of learned J.M.F.C., Dampada on the grounds stated. 3. Gone through the FIR at Annexure-1. The alleged incident has been narrated by the informant therein. The allegation is that the petitioner assaulted the victim, who is the son of the informant. Learned counsel for the State produced the Medical Examination Report of the victim, namely, Arun Gochhayat and it reveals that he received one laceration and an abrasion but both are simple in nature. The assault as revealed from Annexure-1 was by means of a blade and the victim is said to have received one of the injuries in his private part but as earlier stated, all the injuries are simple in nature with an opinion that it might have caused by a sharp object. p. 2 4. Considering the above facts and the submission of learned counsel for the respective parties and since the dispute is on account of disposal of the waste water and that the mischief is said to have been committed by the petitioner, who is having no criminal antecedent, recording the objection of the State, this Court though not inclined to grant him pre-arrest bail but is of the view that he should be directed to be released on bail upon surrender before the court concerned with suitable conditions imposed. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the Court of learned J.M.F.C., Dampada within a fortnight from today, it is directed that he shall be released on bail in connection with Banki P.S. Case No.295 of 2025 corresponding to G.R. Case No.336 of 2025 upon furnishing a bail bond of Rs.30,000/-(Rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not commit any further mischief involving the victim and to stay away from him after his release and to report the I.O. for the purpose of investigation as and when summoned. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Alok Judge