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2026 DAILYLAW 7103 (ORI)

SHIBA NYAK @ SHIBA NAYAK @ SIBA NAYAK v. STATE OF ODISHA

ABLAPL/3197/2026 · 2026-04-27

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.3197 of 2026 Shiba Nyak @ Shiba Nayak @ Siba Nayak …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Nachuni P.S. Case No.64 of 2026 corresponding to G.R. Case No.101 of 2026 pending in the court of learned J.M.F.C., Banpur on the grounds stated. 3. Perused the FIR as at Annexure-1. Mr. Sahoo, learned counsel for the petitioner submits that the co-accused is responsible for the mischief committed against the informant. The claim is that the entire allegations is against the other accused, namely, Bidyadhar Nayak and therefore, even though the name of the petitioner is mentioned in the FIR, he should be allowed to go on bail with any conditions pending investigation. Mr. Panda, learned ASC for the State opposed the bail plea of the petitioner for the mischief committed by him and the above named accused. But on a reading of the FIR, the Court finds that the co-accused had pressurized the p. 2 informant to maintain physical relationship with him and it was prior to her marriage and even thereafter, he sent obscene videos to her mobile phone causing mental harassment. The submission is that the said mischief was committed by the accused, namely, Bidyadhar Nayak not the petitioner. Mr. Panda, learned ASC for the State, however, submits that the accused persons are combinedly responsible for the mischief. 4. The FIR lodged by the informant, however, directly involve the co-accused, who on 7th February, 2026 said to have sent obscene videos to her. Considering the above facts and submissions of learned counsel for the respective parties and that the petitioner alleged to have assisted the co-accused, who did the mischief to the informant even after her marriage, this Court though not in favour of considering his plea for pre-arrest bail but is inclined to direct him to surrender before the learned court below for being released with conditions recording the plea that he has no other antecedents and a first-time offender. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., Banpur within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.101 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below, which shall be at liberty to impose p. 3 such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT