Sk. Abjal Warish & Ors. v. State of Odisha

Mr. S.K. Tripathy, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No.

#2. ORDER 08.07.2026 Heard learned counsel for the respective parties. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Pattamundai P.S. Case No.105 of 2026 corresponding to G.R. Case No.229 of 2026 pending in the file of learned J.M.F.C., Pattamundai on the grounds stated.

#3. Perused the FIR as at Annexure-1. The allegation therein is to the effect that the petitioners and others committed overt acts and assaulted the members of the police party, who had been to the spot to cause arrest of the accused persons involved in P.S. Case Nos. 103 and 104 of 2026. It is submitted to the Court that the FIR is politically motivated. It is also submitted that no serious injury has been caused to any member of the police force. Recorded the objection of Mr. Brahma, learned ASC of the State. On being asked, it is informed by Mr. Brahma, learned ASC that the injuries received by the victims are not grievous. In fact, as per the FIR, the accused persons challenged the police and there was a push and pull and as a result some of the staff sustained injuries. In absence of grievous injuries being received by any of the members of the police party, rather, stated to be simple in nature, this Court, recording objection of the State is inclined to direct petitioners instead to surrender before the learned court below for being released with stringent conditions even if their bail plea is not entertained and accordingly, it is ordered.

#4. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned J.M.F.C., Pattamundai in connection with G.R. Case No.229 of 2026 corresponding to Pattamundai P.S. Case No.105 of 2026 within a fortnight from today, they shall be released on bail upon furnishing bail bonds of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed as deemed just and proper in the facts and circumstances of the case besides the following, such as, to furnish an undertaking not involve themselves in similar criminal activities while on bail and to report the P.S. as and when summoned for the purpose of investigation.

#5. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Balaram Judge