Jatindra Kumar Nayak @ Jitendra Kumar Nayak @Jitan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Jatindra Kumar Nayak @ Jitendra Kumar Nayak @Jitan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release on bail: petitioner to surrender before the court in seisin within two weeks and move a bail application, whereupon the trial court shall release him on bail in connection with the aforesaid case, subject to verification of criminal antecedent of similar nature and the stated conditions; violation entails cancellation of bail.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with G.R. Case No.2637 of 2023 (ICC Case No.417 of 2024), given that a closure report was filed after investigation but cognizance was taken on the protest petition and court process issued.

Court's answer

In view of the nature of allegations, the closure report already filed after investigation, and cognizance taken on the protest petition with issuance of court process, in the event the petitioner surrenders before the court in seisin over the matter within two weeks and moves an application for bail, that court shall release him on bail in connection with the aforesaid case on such terms and conditions as it deems just and proper, subject to verification of his criminal antecedent of similar nature.

Ratio / Principle

The release is subject to conditions: the petitioner shall not indulge in similar criminal offences while on bail; shall not threaten, harass or terrorize the informant in any manner whatsoever while on bail; and shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause.

Key takeaways

Violation of any of the conditions of release shall entail cancellation of bail.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Sibo Sankar Mishra, J.), ABLAPL No.2323 of 2026, order dated 21.04.2026 — Jatindra Kumar Nayak @ Jitendra Kumar Nayak @ Jitan v. State of Odisha & another. Petitioner, accused under Sections 294/323/341/379/506/34 of BNS, 2023 in Sabrang P.S. Case No.262 of 2023 / G.R. Case No.2637 of 2023 (ICC Case No.417 of 2024) pending before SDJM, Bhadrak, sought anticipatory bail for allegedly obstructing, abusing, threatening the informant and taking away valuables on 13.10.2023. Investigation had concluded with a closure report filed on 28.07.2024, but the trial court took cognizance on the informant's protest petition in ICC No.417 of 2024 and summoned the petitioner. Directing conditional release: upon surrender before the court in seisin within two weeks and application for bail, the petitioner shall be released on bail on such terms as the trial court deems just and proper, subject to verification of criminal antecedents of similar nature, and conditioned on abstaining from similar offences, not threatening/harassing/terrorizing the informant, and appearing on every posting date; violation entails cancellation of bail. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2323 of 2026

Jatindra Kumar Nayak …. Petitioner(s) @ Jitendra Kumar Mr. R.N. Rout, Nayak @ Jitan Advocate

-versus-

State of Odisha & …. Opp. Party(s) another Mr. S. Panigrahi, ASC

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order

No.

ORDER

21.04.2026

The petitioner is an accused in connection with Sabrang P.S. Case No.262 of 2023 corresponding to G.R. Case No.2637 of 2023 arising out of ICC Case No.417 of 2024 registered on the allegation of the alleged commission of offence punishable under Sections 294/323/341/379/506/34 of BNS, 2023, pending in the Court of the learned SDJM, Bhadrak.

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.

The prosecution case as per the FIR is that

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opposite party no.2 made an allegation that on 13.10.2023 at 7.30 P.M. the petitioner illegally obstructed him, abused him, threatened him and took away some valuables.

Learned counsel for the petitioner submits that after the investigation, closure report was filed on 28.07.2024. The informant/complainant filed a protest petition in ICC No.417 of 2024 and the learned trial court after taking into consideration the statement of the complainant and all the witnesses, summoned the petitioner. Therefore, the application for anticipatory bail may be considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Regard being had to the nature of allegation and the fact that after investigation the closure report has already been filed and but cognizance has been taken on the protest petition, subsequent to which court process has been issued, it is directed that in the event the Petitioner surrenders before the court in seisin over the matter within two weeks from today and moves an application for bail, the court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, subject to verification of criminal antecedent of similar nature. The release of

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Ashok

the Petitioner shall also be subject to the condition that shall not indulge in similar criminal offences while on bail; he shall not threaten/ harass/terrorize the informant in any manner whatsoever while on bail; and he shall appear before the trial court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

(S.S. Mishra) Judge

Signature Not Verified

Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: HIGH COURT OF ORISSA Date: 27-Apr-2026 20:47:50

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