Papina @ Ashwini Kumar Jena Vs State of Odisha

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R No.397 of 2025 pending in the file of learned J.M.F.C (1) Cog. Taking, Cuttack arising out of Choudwar P.S Case No.255 of 2025 on the grounds stated.

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Perused the FIR as at Annexure-1. Pursuant to the Court’s order dated 23^rd April, 2026, State has produced the medical examination report of the injured, namely, Supriya Sahoo. Besides the injury report, two other statements of the witnesses including the injured are made available by Mr. Mohanty, learned ASC for the State and the same are also perused. The alleged incident is narrated in the FIR. It is submitted to the Court by Mr. Harichandan, learned counsel for the petitioner that the petitioner is a relation of the informant as his sister is married in the latter’s family and in so far as, the

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injured is concerned, she is the daughter-in-law of the informant. The Court finds that the assault was by means of a knife. But from the injury report, it is revealed that all the injuries though incised wounds caused by a sharp cutting weapon but stated to be simple in nature. It is submitted that on account of a family dispute between the parties, the petitioner committed the excess. On being asked, it is informed to the Court by Mr. Harichandan, learned counsel that the petitioner does not have any other antecedent. Considering the above facts and since the injuries are not grievous revealed from the medical examination report of the victim above named and the petitioner appears to be a first-time offender and not an outsider but a relation of the informant, this Court though not inclined to consider his plea for pre-arrest bail but is in favour of directing him to surrender before the learned court below for being released with stringent conditions imposed.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C (1) Cog. Taking, Cuttack within fortnight from today, it is directed that he shall be released on bail in connection with G.R No.397 of 2025 corresponding to Choudwar P.S Case No.255 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts

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and circumstances of the case besides the following, such as, he shall not cause any further harm to the victim and informant or any of their family members while on bail and to submit an undertaking at the local PS in that regard and at the same time, to cooperate the I.O. and to attend the PS for the purpose of investigation as and when called upon. If, in case, any of the conditions imposed is or are violated, it is made clear that the same shall entitle cancellation of bail granted to the petitioner without reference to this Court.

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6. Issue urgent certified copy of this order as per rules.

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(R.K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 02-May-2026 15:38:18

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Papina @ Ashwini Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Papina @ Ashwini Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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