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Hari Naik And Others vs State Of Odisha

Orissa High Court · Decided on 5 May 2026 · Citation: (2026) 05 OHC CK 1246

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 115(2), 118(2), 296, 329(4), 351(3)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2528 Of 2026
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Judgment

15 paragraphs · 510 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioners and learned counsel for the State.

2.

The Petitioners is an accused in connection with C.T. Case No. 557 of 2025, pending on the file of learned J.M.F.C., Reamal, arising out of Kundheigola P.S. Case No. 264 of 2025 for alleged commission of offences under Sections 115(2)/ 118(2)/ 296/ 3(5)/ 329(4)/ 351(3) of BNS.

3.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions Judge, Deogarh by order dated 07.03.2026 in the aforementioned case, the present BLAPL has been filed.

5.

The case of the prosecution, in short, is that 23.11.2025 at about 07.28 PM, informant lodged a written report that his son Jitendra Rana was married to one Chhabi Rana and blessed with two daughters. It is stated by the Informant that his daughter-in-law left her husband and went to her maternal house. On 17.11.2025 Wednesday at about 02.00 PM, her elder brother Hari Naik and Kalia Naik brought her to his house and left her. On 19.11.2025 at about 03.00 PM the Petitioners along with the co-accused came inside the house of the informant and started abusing his son in obscene languages and assaulted him causing injuries. When the Informant went to rescue his son they also assaulted him as a result of which he got injuries and they threatened to kill him and his family and also told him to take chabi rana along with them. Basing on such report, the aforementioned PS case was registered.

6.

It is submitted by the learned counsel for the Petitioners that the overt act was committed during the meeting in order to settle the dispute inter se between the family.

7.

It is submitted that the overt act which resulted in fracture injury was on the spur of the moment without any pre-meditation. Hence, the Petitioners may be released on bail.

8.

It is the further submission at the Bar that so far as the matrimonial discord is concerned, the matter has been set at rest and now the sister of Petitioner No.1 is leading a happy married life with the son of the Informant.

9.

Learned counsel for the State opposes the prayer for bail.

10.

Considering the background in which the accusation has been made and the subsequent development as noted, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

11.

Additionally, it is directed that Petitioner shall not in any way try to intimidate the Informant and/or his family.

12.

It shall be open for the Prosecution/Informant to seek variance of this order in the event there is any threat perception.

13.

Accordingly, the BLAPL stands disposed of.

14.

Urgent certified copy of this order be granted as per rules.