Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 1181 of 2026
Mamata Pradhan and others …. Petitioners
Mr. M. K. Chand, Advocate
-Versus-
State of Orissa …. Opposite Party
Mrs. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 26.02.2026
01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.859 of 2025 pending in the file of learned J.M.F.C, Chilika arising out of Nachuni P.S. Case No.391 of 2025 on the grounds stated. 3. Gone through the FIR as at Annexure-1, wherein, the alleged incident has been described by the informant claiming that the petitioners committed the excess and assaulted them by means of sword, Thenga etc. causing injuries. It has been alleged that the informant’s husband was assaulted by the accused persons. Mr. Chand, learned counsel for the petitioner submits that petitioner No.1 is the wife of petitioner No.2 and petitioner No.3 is their son. It is claimed that the petitioners are having no past antecedents and no one has received any serious p. 2 injury on account of the mischief committed by them. Instead, a copy of the prescription of the local CHC is produced to claim that petitioner Nos.2 and 3 rather received injuries during the alleged incident which was even reported to the local PS but the same was not entertained. A Copy of the said report dated 10th December, 2025 is also produced before this Court for perusal with the above claim. Recorded the submission of Mrs. Mohanty, learned ASC for the State, according to whom, as per the instructions received, informant’s husband who was assaulted was stated to be in ICU. Mr. Chand, learned counsel for the petitioners, however, denies the victim to have suffered any grievous injury that needed any such treatment, much less in an ICU. Considering the circumstances under which the alleged incident took place at a time when marriage function was in the family of the informant and both the parties are neighbours having prior dispute and the fact that no one from the side of the informant is shown to have received any serious injury, recording such submission and objection of the State, though a case of pre-arrest bail is not made out, this Court is of the view that the petitioners should be directed to surrender before the learned court below for being released with stringent conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid.
In the event, the petitioners surrender before the court of learned J.M.F.C, Chilika within a fortnight p. 3 from today, it is directed that they shall be released on bail in connection with G.R. Case No.859 of 2025 corresponding to Nachuni P.S. Case No.391 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case besides the following, such as, none shall not pick up any quarrel or fight with the family of the informant and causing any harm to them, while on bail and to cooperate the I.O. in the investigation, till the same is concluded. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer