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2026 DAILYLAW 6471 (ORI)

SRIKANT @ SRIKANTA MALIK v. STATE OF ODISHA

ABLAPL/3147/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3147 of 2026 1. Srikant @ Srikanta Malik 2. Akalu @ Manoj Malik 3. Ranjan Malik 4. Santosh Santa Mallik 5. Mayadhar Malik 6. Mitu Malik …. Petitioner(s) Mr. Rakesh Behera, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.04.2026 01. 1. Heard. 2. The petitioners are seeking pre-arrest bail in connection with Bhuban P.S. Case No.126 of 2026 corresponding to G.R. Case No.121 of 2026 registered for alleged commission of offences punishable under Sections 190/ 126(2)/ 296/ 115(2)/ 117(2)/ 109(1)/ 303(2)/324(2)/351(3)/191(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C., Bhuban. 3. Learned counsel for the petitioners, on instruction from the petitioners, submits that except the present bail application, no other bail application of the p. 2 petitioners is pending in any other Court relating to the aforesaid F.I.R. 4. The allegation against the petitioners is that on 04.03.2026 at about 7.05 P.M., the complainant reported at the P.S. that on the same day, at about 1.30 P.M., his cousin brother (Dada Pua) Sunil Malik was playing Holi. At that time, the petitioners suddenly came and abused his nephew Sunil Malik in obscene language, assaulted him by means of iron rod and lathi. Out of fear, Sunil fled away from the spot. But Srikant Malik, Santa Malik, Mitu Malik along with their wives being armed with lathi and kitchen knife chased him. Santa Malik assaulted him by means of iron road on his head and hand for which he became senseless on the spot. Hence, the case. 5. Perusal of the statements of both the injured persons namely, Utsab Malik and Kanhar Malik reveals that the petitioner No.2- Akalu @ Manoj Malik and Santosh @ Santa Mallik have attacked both of them by means of iron rod. Page 3 of 4 6. Ms. Suvalaxmi Devi, learned Counsel for the State drew the attention of this Court to the injury report. Kanhar Mallik has sustained two injuries, which are simple in nature whereas Utsab Mallick has sustained three injuries which are grievous in nature. 7. Regard being had to the nature of allegation against the petitioners and the injuries sustained by both the injured persons, I am inclined to grant anticipatory bail to petitioner No.1- Srikant @ Srikanta Malik, petitioner No.3-Ranjan Malik, petitioner No.5- Mayadhar Malik and petitioner No.6- Mitu Malik. Accordingly, it is directed that in the event the petitioner is arrested, petitioner No.1- Srikant @ Srikanta Malik, petitioner No.3-Ranjan Malik, petitioner No.5- Mayadhar Malik and petitioner No.6- Mitu Malik shall be released by the Arresting Officer subject to the verification of the criminal antecedent. The release of the above petitioners shall also be subject to the conditions that they shall appear before concerned Police Station on last Sunday of every month p. 4 at least for a period of three months, they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 27-Apr-2026 11:53:14