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2026 DAILYLAW 9651 (ORI)

GOBINDA BAG @GOBINDA TANDI v. STATE OF ODISHA

ABLAPL/2311/2026 · 2026-04-21

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2311 of 2026 Gobinda Bag @ Gobinda Tandi and another …. Petitioner(s) Mr. Bikash Karna, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. S. Panigrahi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.04.2026 01. 1. The petitioners are accused in connection with Sinapali P.S. Case No.31 of 2026 corresponding to C.T. Case No.34 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 115(2)/126(2)/296/3(5)/303(2)/324(4) 351(2) of BNS, 2023, pending in the Court of the learned JMFC, Sinapali. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 30.01.2026 at about 6.00 P.M. while the informant was present in p. 2 his shop which is situated on the Biju Expressway, the accused persons were quarrelling with each other near his shop. On seeing this, he asked them to leave the area but the accused persons being aggrieved abused him in obscene languages, assaulted by means of fist blows and threatened him to kill by showing knife and iron rod. After that they destroyed his shop and broke the table as well as they took away cash of Rs.10,000/- from the draw. When his brother intervened in the matter, the said accused persons assaulted him by means of fist blows. 4. Learned counsel for the petitioners submits that except the offence under Section 303(2) of BNS, all the other offences are bailable in nature. 5. Learned counsel for the State submits that during investigation, it is found that the offence as alleged under Section 303 (2) of BNS found to be incorrect. 6. Regard being had to the nature of allegation and the submission made by the parties, I am inclined to grant the petitioners anticipatory bail. Accordingly, it is directed that in the event the Petitioners are arrested, they shall be released by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioners shall also be subject to the conditions that they shall cooperate with the investigation and shall appear p. 3 before the I.O. as and when their presence is required by the I.O. for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and they shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA