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2026 DAILYLAW 9574 (ORI)

LILI JENA @ NILI JENA v. STATE OF ODISHA

ABLAPL/654/2026 · 2026-02-03

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.654 of 2026 Lili Jena @Nili Jena & others …. Petitioners Mr. J.K. Majhi, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.K. Sahoo, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Basta P.S. Case No.20 of 2026 corresponding to C.T. Case No.39 of 2026 pending in the court of learned J.M.F.C., Basta on the grounds stated. 3. Perused the FIR as at Annexure-1. The report reveals that the victim received head injuries. It is further revealed from Annexure-1 that the assault has been caused by means of Thenga. The details of the circumstances leading to the lodging of the report stand described therein. It is claimed that the injuries are simple in nature. However, a case under Section 109(1) BNS has been registered. Recording such submission of learned counsel for the petitioners, one of whom is a lady aged about 49 years and considering the circumstances that prevailed at the time of the alleged incident resulting thereby assault to the victims, who are lady members of the family, this Court is of the view that the present accused persons are though not entitled to pre-arrest bail but should be directed to surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned J.M.F.C., Basta within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with C.T. Case No.39 of 2026 on furnishing a bail bond of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. But such release of the petitioners shall be subject to confirmation and absence of injuries received by the victim being grievous. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT