Trinath Jena Vs State of Odisha

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No. 106 of 2026 pending on the file of learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri, arising out of Brahmagiri P.S. Case No.93 of 2026 for commission of offences punishable under Sections 296/ 126(2)/ 118(1)/ 351(2)/ 109/ 3(5) of the BNS.

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It is submitted by the learned counsel that on account of the civil dispute inter se between the parties, the Petitioners have been falsely implicated in the case at hand. Hence, the Petitioners may be protected by pre-arrest bail.

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Learned counsel for the State opposes the prayer for pre-arrest bail referring to the statement of the injured as well as the injury report indicating that

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the injured, who is aged about 60 years has suffered grievous injury.

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Taking note of the nature of the allegation and the injury report, this Court is not inclined to entertain the application in respect of Petitioner No.1 notwithstanding his age,

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However, it is directed that the Petitioner No.1 (Trinath Jena) may surrender before the learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri in connection with the aforementioned case within one month from today.

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In the event of his surrender and motion for bail, the same be considered by the learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri on merits, in the first hour of the day.

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In the event of rejection of the prayer for bail by the learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri, the Petitioner No.1 is at liberty to move the higher forum for bail in the second hour on the same day.

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On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner No.1 on the same day.

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The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.1 and learned Nyayadhikari, Gramya Nyayalaya, Brahmagiri is called upon to transmit the case record to the higher

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forum in the second hour expeditiously in the event of rejection of the bail application by him.

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So far as the ABLAPL in respect of Petitioner No.2 is concerned, taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.2 (Balaram Jena) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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