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2026 DAILYLAW 7076 (ORI)

JAGANNATH HARIJAN v. STATE OF ODISHA

BLAPL/2441/2026 · 2026-04-27

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2441 of 2026 Jagannath Harijan …. Petitioner(s) Mr. Mangu Nandy, Adv. -versus- The State of Orissa …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 27.04.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0443 17.07.2024 Malkangiri C.T. Case No.109 of 2024 arising out of G.R. Case No.548 of 2024 arising out of Malkangiri P.S. Case No.0443 of 2024 dated 17.07.2024 pending before the Court of learned Additional Sessions Judge, Malkangiri Sections 310(2) & 331(6) of the Bharatiya Nyaya Sanhita 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with C.T. Case No.109 of 2024 arising out of G.R. Case No.548 of 2024 arising out of Malkangiri P.S. Case No.0443 of 2024 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified p. 2 dated 17.07.2024 pending before the Court of learned Additional Sessions Judge, Malkangiri registered for the alleged commission of offences under Sections 310(2) & 331(6) of the Bharatiya Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that in the night of 16th July, 2024, seven unknown persons being armed with deadly weapons forcefully entered into the house of the informant. Thereafter, they threatened the informant to give money to them or else, he will face dire consequences. Thereafter, the brother of the informant informed the said fact to the nearby inhabitants of the said locality through telephone. Soon after getting information about the said incident, the villager came to the house of the informant and managed to caught two persons. Accordingly, the Police was informed about the said incident and the said two persons were handed over to the Police. Thereafter, upon completion of investigation the Petitioner was taken into custody and has been languishing in custody since 13.09.2024. 5. Learned counsel for the Petitioner contends that the Petitioner is no way connected to the offences alleged against him. He has been falsely implicated in this case. He further contends that the co-accused person has already been enlarged on bail vide order dated Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified p. 3 10.09.2024 passed in BLAPL No.8498 of 2024. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; v. the Petitioner shall not threaten the informant or his family members in any manner; Designation: Personal Assistant p. 4 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant