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2062 DAILYLAW 4 (ORI)

SUJIT KHATUA v. STATE OF ODISHA

ABLAPL/2062/2026 · 2026-05-05

R K Pattanaik

body2062

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2062 of 2026 Sujit Khatua …. Petitioner Mr. M.K. Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Brahma, 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 petitioner seeking pre-arrest bail in connection with Manamunda P.S. Case No.239 of 2024 corresponding to C.T. Case No.402 of 2024 pending in the court of learned J.M.F.C., Kantamal on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. It is submitted that the petitioner is a lawyer by profession and the allegations regarding the gunshot fire and injury caused to the informant is not correct. The submission of Mr. Chand, learned counsel for the petitioner that the informant has not received any such injury, who had his treatment at a hospital and thereafter, lodged the FIR himself. Learned counsel for the State however submits that he has not received the case diary and other police papers but recording the submissions as above and absence of any such gunshot fire injury by the informant at the instance of the petitioner and that the petitioner, who has no other antecedents but a local lawyer, this Court is inclined to direct him to surrender before the learned court below for being released subject to the following conditions even if his bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., Kantamal within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with C.T. Case No.402 of 2024 on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount 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. It is further directed that the petitioner shall be released in compliance of the above order subject to confirmation as to absence of any gunshot injury caused by him to the victim and also criminal antecedents with an enquiry held in that regard. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT