Nilamani Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Nilamani Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both ABLAPLs disposed of by common order. Application of Petitioner No.02 (Manjulata Nayak) in ABLAPL No.14191 of 2025 rendered infructuous (already in custody). Remaining Petitioners (Nos. 1 and 3 to 5 in ABLAPL No.14191 of 2025 and the Petitioner in ABLAPL No.14427 of 2025) directed: on surrendering within three weeks and moving for bail, to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of the nature of the injury; if any grievous injury is found, the order shall not be given effect to; Petitioners to cooperate with the ongoing investigation.

Issue for consideration

Whether the Petitioners in ABLAPL No. 14191 of 2025 and ABLAPL No. 14427 of 2025 are entitled to pre-arrest bail in connection with G.R. Case No. 647 of 2025 (arising out of Banpur P.S. Case No. 439 of 2025) for offences under Sections 115(2)/117(2)/296/3(5)/351(2) of BNS. +1 more

Court's answer

Taking into account the nature of allegations and the punishment prescribed, the Court directs that on surrendering within three weeks and moving for bail, Petitioner Nos. 1 and 3 to 5 in ABLAPL No.14191 of 2025 and the Petitioner in ABLAPL No.14427 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of the nature of the injury.

Ratio / Principle

Since Petitioner No.02 (Manjulata Nayak) had been taken into custody, ABLAPL No.14191 of 2025 stands rendered infructuous in respect of Petitioner No.02.

Key takeaways

If it comes to the fore that the injured has suffered any grievous injury, this order shall not be given effect to.ratio¶¶38
Petitioner Nos. 1 and 3 to 5 in ABLAPL No.14191 of 2025 and the Petitioner in ABLAPL No.14427 of 2025 shall cooperate with the ongoing investigation.ratio¶¶39

Detailed headnote1 paragraphs

Anticipatory bail – common order (18.12.2025, Justice V. Narasingh, High Court of Orissa at Cuttack) disposing of ABLAPL No. 14191 of 2025 (Nilamani Nayak and four others) and ABLAPL No. 14427 of 2025 (Sukanti Nayak), both arising from the same FIR, viz. Banpur P.S. Case No. 439 of 2025 / G.R. Case No. 647 of 2025 pending before learned J.M.F.C., Banpur, for offences punishable under Sections 115(2)/117(2)/296/3(5)/351(2) of BNS. Petitioner No.02 (Manjulata Nayak) having been taken into custody, ABLAPL No.14191 of 2025 was rendered infructuous in respect of her. For the remaining Petitioners, taking into account the nature of allegations and the punishment prescribed (counsel submitting exaggerated allegations due to a counter case and simple injury), the Court directed that on surrendering within three weeks and moving for bail they be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of the nature of the injury; if any grievous injury is found, the order shall not be given effect to; and the Petitioners shall cooperate with the ongoing investigation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14191 of 2025

1. Nilamani Nayak

Petitioners

2. Manjulata Nayak

3. Archana Nayak

4. Pramod Nayak

5. Bhagaban Nayak

Mr. J. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panda, ASC

ABLAPL No. 14427 of 2025

Sukanti Nayak

Petitioner

Mr. J. Behera, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S. Panda, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

18.12.2025

Order No.

1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

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

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No. 647 of 2025 pending on the file of learned J.M.F.C., Banpur, arising out of Banpur P.S. Case No. 439 of 2025 for commission of offences punishable under Sections 115(2) / 117(2) / 296 / 3(5) / 351(2) of BNS.

At the outset it is submitted by the learned counsel for the Petitioners in ABLAPL No.14191 of 2025 that Petitioner No.02 (Manjulata Nayak) has been taken into custody.

In view of the same, the ABLAPL No.14191 of 2025 has been rendered infructuous in respect of Petitioner No.02.

It is submitted by the learned counsel for the respective Petitioners that because of the counter case exaggerated allegations have been made and on instruction it is submitted that the injury suffered is simple in nature. Hence, the Petitioners may be protected by pre-arrest bail.

It is submitted by the learned counsel for the Petitioner in ABLAPL No.14191 of 2025 that so far as the antecedents are concerned, that is on account of the dispute inter se between the parties and is at the instance of the very informant and other family members in respect of which the present FIR has been instituted.

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It is submitted by the learned counsel for the Petitioner in ABLAPL No.14427 of 2025 that taking into account the nature of allegations in the case at hand and since she is a lady the antecedents ought not to deter this Court from considering her application for pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail.

Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos. 1 and 3 to 5 in ABLAPL No.14191 of 2025 and Petitioner in ABLAPL No.14427 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of the nature of the injury.

If it comes to the fore that the injured has suffered any grievous injury, this order shall not be given effect to.

It is needless to state that the Petitioner Nos. 1 and 3 to 5 in ABLAPL No.14191 of 2025 and Petitioner in ABLAPL No.14427 of 2025 shall cooperate with the ongoing investigation.

Accordingly, the ABLAPLs stand disposed of.

(V. NARASINGH) Judge

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 19-Dec-2025 16:59:15

Signature Not VerifiedJina

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