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Orissa High Court
Abhay Kumar Nayak And Others vs State Of Orissa .... Opposite Party on 8 April, 2026
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3133 of 2025
Abhay Kumar Nayak and Others .... Petitioners
Mr. R.N. Panda, Advocate
-Versus-
State of Orissa .... Opposite Party
Mr. S. K. Brahma, ASC
Mr. A. Bhuyan, Advocate (Informant)
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order ORDER
No. 08.04.2026
03. 1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed
seeking pre-arrest bail of the petitioners in connection with
G.R. Case No.63 of 2025 pending in the file of learned
J.M.F.C., Baramba arising out of Baramba P.S. Case No.39 of
2025 on the grounds stated.
3. Perused the FIR as at Annexure-1. It is submitted by
Mr. Panda, learned counsel for the petitioners that the
petitioners are ready to pay back of Rs.2 lac at present even
during the pendency of the suit in C.S. No.17 of 2025 instituted
at the behest of the informant. It is claimed that an amount of
Rs.3 lac was paid while obtaining no objection of the informant
before receipt of the compensation amount. The allegation of
the informant is that the entire amount has been appropriated by
the petitioners, when she is entitled to 50% share therein.
Considering the nature of the dispute, the matter was referred
for mediation but it has been unsuccessful since revealed from
the report dated 3rd May, 2025 available in the Court's record.
A copy of the plaint in the suit filed by the informant pending
in the Court of learned Civil Judge, Senior Division, Baramba
is produced by Mr. Panda, learned counsel for the petitioners.
The submission is that 50% share in compensation has been
demanded therein with such other relief sought for. Recorded
the submission of learned counsel for the informant that till
date, no payment has been made to the informant from the side
of the petitioners while misappropriating entire of the
compensation money. Recorded the response of the State. It is
informed to the Court that the case diary has not been received
in spite of the order dated 25th March, 2025.
4. Considering the above and dispute between the parties
pending before the Civil Court concerning the share in
compensation demanded by the informant, this Court recording
the submission of Mr. Panda, learned counsel for the petitioners
that at present, the petitioners are ready and willing to pay an
amount of Rs.2 lac to the informant, this Court is of the view
that since the petitioners belong to one family and petitioner
No.1 is the brother of the informant, they should be directed to
be released on bail subject to condition imposed besides
payment of Rs.2 lac to the informant with an undertaking
furnished by petitioner No.1 to return the balance in
installments notwithstanding the pendency of the suit in C.S.
No.17 of 2025.
5. Accordingly, it is ordered.
6. In the result, the ABLAPL is disposed of with the
direction as aforesaid. In the event, the petitioners surrender
before the court of learned J.M.F.C., Baramba within fortnight
from today, it is directed that they shall be released on bail in
connection with G.R. Case No.63 of 2025 corresponding to
Baramba P.S. Case No.39 of 2025 on furnishing a bail bond of
Rs.30,000/-(rupees thirty thousand) each with one solvent
surety for the like amount each with such other conditions
imposed as deemed just and proper and in the facts and
circumstances of the case besides the following, such as,
petitioner No.1 shall submit an undertaking to pay back the
balance with a refund of Rs.2 lac at present in the shape of a
Demand Draft payable to the informant at the time of release.
7. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge
Rojina
Designation: Junior Stenographer
