Mahammed Maksud Allam @ MD Mukusud Alam Vs State of Odisha

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Jagatsinghpur P.S. Case No.240 of 2026 corresponding to G.R. Case No.488 of 2026 pending in the file of learned S.D.J.M., Jagatsinghpur on the grounds stated therein.

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Perused the FIRs as at Annexures-1 and 2. It is submitted to the Court by learned counsel for the petitioners that petitioner No.1 has been arrested in the meantime, hence, his bail plea has become infructuous. It is further submitted that there is a counter FIR lodged as per Annexure-2 from the side of the petitioners. The submission is that the dispute is over construction of a window and in connection therewith, the parties exchanged assault, as a result of which, petitioner No.1 received injuries as well. It is claimed that the petitioners do not

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have any past antecedents. Furthermore, petitioner No.4 is a lady member of the family, namely, wife of petitioner No.1 and therefore, all should be allowed to go on bail with conditions followed by a direction in that regard. Mr. Panda, learned ASC for the State submits the case diary and also the injury reports of the victims, namely, Apsana Begum and Gulzar Khan. On perusal of the reports, the Court finds that the lady victim received a laceration and a bruise and both are stated to be simple in nature. The other injured named above received a bruise and abrasion and again stated to be not grievous with an opinion therein that it might have been caused by a hard and blunt object. Admittedly, the injuries are not serious as made to reveal from the medical reports. As earlier stated, a counter FIR is lodged from the side of the petitioners as well. The parties are neighbours to each other and for the dispute under construction, the alleged incident took place. Considering the above facts and submissions of learned counsel for the respective parties and since the victims of assault received simple injuries, this Court, though not in favour of entertaining their bail plea but is inclined to direct them to surrender before the learned court below for being released with conditions.

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4. Accordingly, it is ordered.

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In the result, the ABLAPL petition stands disposed of with a direction to petitioner Nos.2 to 4 to surrender before learned S.D.J.M., Jagatsinghpur within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.488 of 2026 arising out of Jagatsinghpur P.S Case No.240 of 2026 on

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furnishing a bail bond of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, none shall pick up quarrel with the informant and cause any further mischief involving him in any manner whatsoever while on bail. In so far as petitioner No.1 and his bail plea is concerned, as it has become infructuous with his arrest, the ABLAPL is dismissed as against him.

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Issue urgent certified copy as per rules.

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(R.K. Pattanaik) Judge

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Balaram

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Designation: PERSONAL ASSISTANT Reason: Authentication Location: OHC, CUTTACK Date: 06-May-2026 14:02:34

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Mahammed Maksud Allam @ MD Mukusud Alam v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mahammed Maksud Allam @ MD Mukusud Alam v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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