Orissa High Court
ABLAPL/9349/2026 of PRASHANTI NAYAK Vs STATE OF ODISHA on 17 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9349 of 2026 CNR No. ODHC010595632026 1. Prashanti Nayak 2. Dhadu Nayak …. Petitioners Mr. T.P. Mohapatra, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9349 of 2026
CNR No. ODHC010595632026
1. Prashanti Nayak
2. Dhadu Nayak
….
Petitioners
Mr. T.P. Mohapatra, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
17.08.2026
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.306 of 2026 pending on the file of learned J.M.F.C., Kanas arising out of Kanas P.S. Case No.157 of 2026 for commission of offences punishable under Sections 109(1)/118(2)/126(2)/296/351(3)/3(5) of BNS.
3. It is submitted by the learned counsel that exaggerated allegations have been made so far as the assault is concerned. Hence, the Petitioners may be protected by pre-arrest bail.
4. It is apt to note that the Informant is the mother and the Petitioner No.1 is the daughter-in-law and Petitioner No.2 is the son.
5. Learned counsel for the State opposes the prayer for pre-arrest bail.
6. Considering the nature of allegations and on going through the statement of the informant- mother, this Court is not inclined to entertain the ABLAPL in respect of the Petitioner No.2. However, it is directed that the Petitioner No.2 (Dhadu Nayak) may surrender before the learned J.M.F.C., Kanas in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Kanas on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned J.M.F.C., Kanas, Petitioner No.2 is at liberty to move the higher forum for bail in the second hour on the same day.
7. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.2 on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of Petitioner No.2 and learned J.M.F.C., Kanas is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of parity, if any, may be considered by the learned court(s) below.
8. So far as Petitioner No.1 is concerned, taking into account the nature of allegation and that the said Petitioner is a lady, this Court directs that on surrendering within three weeks hence and moving for bail, Petitioner No.1 (Prashanti Nayak) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
9. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge
Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 19:59:51 Signature Not Verified