Victim’s Nephew v. State of Odisha

Opposite Party Ms. B. K. Sahu, AGA …. CORAM: MR. JUSTICE R.K. PATTANAIK Order No.

#2. ORDER 21.07.2026 Heard learned counsel for the respective parties. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Kujang P.S. Case No.155 of 2026 corresponding to G.R. Case No.527 of 2026 pending in the file of learned J.M.F.C.(P), Kujang on the grounds stated.

#3. Perused the FIRs as at Annexures-1 and 2. The parties belong to one family as submitted by learned counsel for the petitioner. It is claimed that co-accused persons have been served with notices under Section 35(3) BNSS. The further submission is that the petitioner is the nephew of the informant. The case diary is submitted to the Court by Ms. Sahu, learned AGA for the State and the same is perused. The statements of the witnesses and the medical examination report of the injured, namely, Bandana Majhi are also submitted. The report of the victim reveals that she suffered an incised wound and abrasion received on forearm and left hand, however, both are stated to be simple in nature. Learned counsel for the petitioner would submits that for the dispute in the family, the FIR has been lodged. The statements of the witnesses recorded under Section 180 BNSS reveal that there was a quarrel between the parties and thereafter, excess has been committed leading to lodging of the FIRs against each other. Considering the above facts and submissions of the learned counsel for the respective parties, this Court is inclined to direct the petitioner to surrender before the learned court below for being released with conditions even though his bail plea is not entertained.

#5. Accordingly, it is ordered. 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.(P), Kujang in connection with G.R. Case No.527 of 2026 corresponding to Kujang P.S. Case No.155 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.10,000/-(rupees ten thousand) with one solvent surety for the like amount with such other conditions imposed by learned court below as deemed just and proper in the facts and circumstances of the case.

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