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2026 DAILYLAW 7348 (ORI)

DIPU DEHURY v. STATE OF ODISHA

ABLAPL/2447/2026 · 2026-04-22

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2363 of 2026 Sudhakar Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S.Mohanty, ASC ABLAPL No.2368 of 2026 Mohan @ Mohana Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC ABLAPL No.2371 of 2026 Parshu Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC ABLAPL No.2434 of 2026 Baya @ Baidhar Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC ABLAPL No.2447 of 2026 Dipu Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC And ABLAPL No.2449 of 2026 Gouranga Dehury …. Petitioner Mr. B.B. Singh, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.04.2026 01. 1. All the ABLAPLs are taken up together and disposed of by the following common order. 2. Heard learned counsel for the petitioners and State. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Dhenkanal Sadar P.S. Case No.39 of 2026 corresponding to G.R. Case No.64 of 2026 pending in the file of learned J.M.F.C., Dhenkanal on the grounds stated. 4. Perused the FIR as at Annexures-1 and 2. Mr. Singh, learned counsel for the petitioners submits that the chargesheet is filed under Section 109 BNSS only against the accused, namely, Dipu Dehury in ABLAPL No.2447 of 2026. It is submitted that there is a counter FIR lodged in connection with the self-same incident. A copy of the counter FIR is at Annexure-2. It is claimed that the injuries are simple in nature and since the petitioners belong to one family should be allowed to go on bail with conditions. Recorded the objection of the State. Perused the FIR lodged by the informant. As earlier stated, for the same incident, a similar FIR has been lodged from the side of the petitioners. It is informed to the Court that the chargesheet was filed on 26th February, 2026. Since it is claimed that a case under Section 109(1) BNSS made out against one of the petitioners named above, recording the objection of the State and the claim that there has been no grievous injury caused to the victim, this Court, though not in favour of granting pre-arrest bail to any of them but is inclined to direct all to surrender before the learned court below for being released with conditions which are follows. 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 petitioners surrender before the learned J.M.F.C., Dhenkanal in connection with Dhenkanal Sadar P.S. Case No.39 dated 13th January, 2026 corresponding to G.R. Case No.64 of 2026 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with other conditions imposed besides the following, such as, they shall not pick-up any quarrel with the informant in any manner whatsoever and cause any harm to him, while on bail. The above order, as is further directed, shall only be given effect to provided the victim has not sustained grievous injury on account of the assault by the petitioners and upon verification of the same with an enquiry held in that regard 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer