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2026 DAILYLAW 8355 (ORI)

AKHILA KUMAR TAHAL v. STATE OF ODISHA

BLAPL/3001/2026 · 2026-05-02

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3001 of 2026 Akhila Kumar Tahal ..... Petitioner Represented By Adv. – Mr. Biswajit Mohanty -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 02.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with G.R. Case No.461 of 2026, arising out of Khallikote P.S. Case No.161 of 2026, pending in the court of learned J.M.F.C., Khallikote, for alleged commission of offences punishable under Sections 85/ 296/ 115(2)/ 109(1)/ 351(3) of B.N.S. 2023. Page 2 of 3. 4. It is submitted by the learned counsel for the Petitioner, who happens to be the husband of the Informant, is languishing in jail custody since 05.03.2026. He further submitted that there exist a matrimonial discord between the husband and wife, as a result of which, a scuffle took place between them. He further contended that the injury sustained by the injured has been exaggerated in the F.I.R. Learned counsel for the Petitioner files a copy of the medical examination report of the victim, which is taken on record. On perusal of the injury report, it appears that the victim has sustained two abrasion injuries, which are simple in nature. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted the Petitioner be released on bail on any stringent terms and conditions. 5. Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the investigation is still on. He further contended that in the event the Petitioner is released on bail, there is every likelihood that he might abscond from justice which would eventually cause delay in conclusion of the investigation as well as delay in filing of the charge sheet. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Considering the submissions made by the learned Page 3 of 3. counsels appearing for the respective parties, on careful examination of the surrounding facts and circumstances of the present case, and the period of custodial detention as well as the fact that the injured has not sustained any grievous injury, this Court is inclined to release the Petitioner on bail. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the court in seisin over the matter. 8. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis