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2045 DAILYLAW 2 (ORI)

SANTOSH DALEI v. STATE OF ODISHA

ABLAPL/2045/2026 · 2026-05-05

R K Pattanaik

body2045

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2045 of 2026 Santosh Dalei and Ors. …. Petitioners Mr. M.K. Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.05.2026 02. 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 Nirakarpur P.S. Case No.45 of 2026 corresponding to G.R. Case No.120 of 2026 pending in the court of learned J.M.F.C., Tangi on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. Recorded the submissions of learned counsel for the respective parties with reference to the FIR. The case diary is submitted to the Court by Mr. Lenka, learned counsel for the State. The medical reports are also made available and on perusal of the same, the Court finds that one of the victims received lacerations without any medical opinion therein. Mr. Chand, learned counsel for the petitioners would submit that there was a fight between the parties and considering the nature of injuries received, no case under Section 109 BNS is made out. In course of hearing, it is brought to the notice of the Court by learned counsel for the State that petitioner No.1 is having four other antecedents with a report received from the IIC of the concerned P.S. Having regard to the circumstances under which the alleged incident took place and absence of any serious injury as made to suggest from the medical report of one of the injured, namely, Dinesh Kumar Jayasingh and another with no injury at all, this Court recording the objection of the State is inclined to direct the petitioners except petitioner No.1 to surrender before the learned court below and to go on bail with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners except petitioner No.1 to surrender before learned J.M.F.C., Tangi within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.120 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty 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. As to petitioner No.1, it is directed that if upon any application is received from him seeking regular bail subsequent to his surrender within the above stipulated period, the same shall be entertained and disposed of during the first hour by the court below and in case of rejection to approach the Sessions Court for orders during the second hour and for the said purpose, the lower court case record and other relevant papers shall be made available at the time of hearing. 6. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT