The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9608 of 2025 Surya Narayan @ Surya Pradhan …. Petitioner(s) Mr. Gopal Krishna Nayak, Advocate -versus- State of Odisha …. Opposite Party(s)
Legal Reasoning
Ms. Suvalaxmi Devi, ASC Mr. Judhisthir Sahoo, Advocate for informant CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 03. 1. 2.
Decision
ORDER 19.12.2025 Heard. The petitioner is an accused in connection with Jagannathprasad P.S. Case No.295 of 2025 corresponding to G.R. Case No.438 of 2025 registered on the allegation of the commission of the offences under Section 109(1) of the B.N.S., 2023 pending in the Court of the learned JMFC, Jagannathprasad. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 03.09.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. Page 1 of 4 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on 26.06.2025 at about 10:15 A.M., the petitioner attempted to cause the death of the daughter of the informant by assaulting her with a wooden stick. It is alleged that, in an effort to save her life, the victim raised her hands, as a result of which she sustained a severe injury near her ear. The injured was initially treated at Jagannathprasad Hospital and was subsequently shifted to Bhubaneswar for better medical management. Hence, this case. 6. Pursuant to the order of this Court dated 18.12.2025, learned counsel for the State has produced the injury report, which is taken on record. As per the report, the victim has sustained the following injuries:- The CBCT reveals: There is evidence of linear radiolucent line seen extending from the crest of the alveolar ridge, terminating at a distance of ~4.1-5.8mm from the inferior border of the mandible, in 31, 32, 33 region, suggestive of greenstick fracture. The fracture line involves the labial and lingual cortical plate with no displacement of the fractured segment noted w.r.t 31,32,33 region. There is evidence of linear fracture line noted extending from the left sigmoid notch till the posterior border of the ramus of Page 2 of 4 mandible, with lateral displacement of the segment noted, suggestive of sub-condylar fracture w.r.t left condyle. There is evidence of retained deciduous tooth w.r.t 75, 85. Radiographic impression: 1. Favourable parasymphysis fracture w.r.t 31, 32, 33 region. 2. Unfavourable subcondylar fracture w.r.t left condyle. 3. Retained deciduous tooth w.r.t 75, 85.” The S.I. of Jagannathprasad P.S. has also placed on record a report inter alia stating as under:- “With reference to the case and subject cited above in sending herewith the seized one Wooden stick, I am intimate On 29.06.2025 at 01.30 Complt. Smt Runu Pradhan (47) W/O- Manmohan Pradhan of Vill Dhodapalli, PS-J N Prasad, Dist- Ganjam arrived at PS-and presented a written report to the effect that on 26.06.2025 at 10.15 AM one Surya Pradhan S/O- Pradeep Kumar Pradhan of his village in an attempt to kill her daughter (victim) assaulted her head with a wooden stick(Bamboo). She tried to save her life by turning her head with her hands causing a severe injury to her near Ear. She sustained injuries and bleeding. She was initially treated at CHC J N Prasad and later she shifted to KIMS Bhubaneswar for better treatment. The medical test revealed that her eardrum had ruptured. The documents produced by KIMS Hospital Bhubaneswar are attached. 1. The injury sustained on the injured person can be possible by the seized Wooden stick produced for examination. Ans.- Yes, the sustained injury on injured person can be possible by the seized wooden stick. 2. Weather the injury inflicted on the body of the victim is simple or grievous in Nature. Ans.- The injury inflicted on body of victim is grievous in nature as there is fracture of mandible (X-ray report reserved).” 7. Learned counsel for the petitioner submits that for the same incident, the petitioner also registered a cross complaint, which is annexed as Annexure-2 to the petition. According to him, the said complaint has not been registered as FIR by the police. But, Page 3 of 4 it appears from the allegation and counter allegation that there was a confronted free fight occurred on the date of incident between them, for which a cross complaints were filed. The petitioner is in custody since 03.09.2025. 8. Regard being had to the period of custody, the nature of injury sustained by the injured, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall report before the concerned Police Station being physically present on every fifteen days for three months; (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail. Page 4 of 4 (vi) He shall not come in contact with the the victim and her family members. (vii) He shall not commit any offence while on bail. Violation of any of the conditions shall entail consideration of cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2025 18:32:56 Page 5 of 4