Research › Search › Judgment

High Court of Orissa · body

2063 DAILYLAW 4 (ORI)

RAHUL NAIK @ NAYAK v. STATE OF ODISHA

ABLAPL/2063/2026 · 2026-05-15

R K Pattanaik

body2063

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2063 of 2026 Rahul Naik @ Nayak …. Petitioner Ms. R. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.05.2026 02. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Chandrasekharpur P.S. Case No.0093 of 2026 corresponding to C.T. Case No.238 of 2026 pending in the file of learned J.M.F.C.-II, Bhubaneswar on the grounds stated. 3. In compliance of the Court’s order dated 21st April, 2026, the medical examination reports of the victim of assault have been produced by Mr. Lenka, learned ASC for the State today and the same are perused. From the reports, the Court finds that the injuries are on the head and are laceration and abrasions but stated to be simple in nature. Mr. Lenka, learned ASC for the State would submit that such injuries have been received by the victims on their head and admittedly not grievous. Ms. Mishra, learned counsel for the petitioner submits that since the injuries are simple, the petitioner, who is having no other similar antecedent, should be allowed go on bail. Upon a reading of the FIR at Annexure-1, the Court finds that the alleged mischief described therein was committed by some unknown miscreants and in connection therewith, the petitioner apprehends arrest. The FIR reveals that the miscreants suddenly attacked the informant with a knife, bear bottle and caused the injuries and committed other mischief as well but since the injuries are found to be not grievous revealed from the medical examination reports submitted to the Court today, recording the claim that the petitioner is having no previous criminal track record, this Court, though not in favour of entertaining his bail plea, is inclined to direct him to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C.-II, Bhubaneswar within a fortnight from today in connection with C.T. Case No.238 of 2026 arising out of Chandrasekharpur P.S. Case No.93 dated 1st February, 2026, he shall be released subject to furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper in the facts and circumstances of the case. It is made clear that the release of the petitioner shall be upon verification and absence of any criminal antecedent against him. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU