Orissa High Court
Jagabandhu Nayak & Ors vs State Of Odisha ….. Opposite Parties on 4 May, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4797 of 2026
Jagabandhu Nayak & Ors. ..... Petitioners
Represented by Adv. -
Amitav Tripathy
-versus-
state of odisha ..... Opposite Parties
Represented by Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
04.05.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners and learned
Additional Standing Counsel for the State. Perused the Anticipatory
Bail Application as well as the F.I.R.
3. This is an application under Section 438 of the Cr.P.C filed
by the Petitioners for anticipatory bail, involving offence
punishable under Sections 341/323/324/326/307/34 of the IPC in
G.R. Case No.98 of 2017 in the Court of learned J.M.F.C., Bhapur
arising out of Fategarh P.S. Case No.45 of 2017.
4. It is stated by learned counsel for the Petitioners that in the
meantime the dispute has been amicably settled between the parties
and the terms of compromise has already been recorded between
the parties.
Page 1 of 2.
5. Taking into consideration the nature and gravity of the
allegation, on the request of learned counsel for the Petitioners, the
Petitioners are permitted to surrender before the learned court in
seisin over the matter in the aforesaid case in the first hour within
21 working days hence and move for bail. On such event, the
learned Magistrate shall consider their application for bail in the
first hour strictly on the basis of the materials on record. In case of
rejection of the bail application, the Petitioners may move for bail
before the higher forum in the second hour. On such event, the
higher forum shall consider and dispose of the bail application of
the Petitioners the same day strictly on the basis of the materials on
record, by maintaining the principles of parity, if applicable.
6. The case diary be made available on the date of surrender on
an application being filed by the Petitioners prior to their date of
surrender as well as any affidavit being filed by the Petitioners
along with a copy of today’s order. Records be transmitted to the
higher forum at the cost of the Petitioners, if applied for.
7. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge
Anil
Signature Not Verified Page 2 of 2.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 07-May-2026 11:32:32
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