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1998 DAILYLAW 468 (ORI)

S.K. ABHISEK @ S.K. ABHISHEK v. STATE OF ODISHA

ABLAPL/1998/2026 · 2026-04-15

R K Pattanaik

body1998

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1998 of 2026 S.K. Abhisek@ S.K.Abhishek & Others …. Petitioners Mr. M.K.Rath, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with Cuttack Mahila P.S. Case No.05 of 2026 pending in the file of learned SDJM (Sadar), Cuttack corresponding to G.R. Case No.25 of 2026 on the grounds stated. 3. Perused the FIR as at Annexure-1. In fact, petitioner No.1 is the husband of the informant, whereas, petitioner Nos. 2 to 4 are her sisters-in-law. It is submitted that petitioner No.1 lodged a report as per Annexure-2 and it was followed by the F.I.R. by the informant dated 10th January, 2026 with the allegation of dowry demand and related torture. From the F.I.R., the Court finds that the marriage between the petitioner and informant has taken place in the year 2013. For a dispute between the spouses, it has led to the lodging of the report by petitioner No.1 as per Annexure-2. The said report was lodged in the month of November, 2025 and it was followed by the F.I.R. i.e. Annexure-1. In the meantime, the chargesheet is filed. A copy of the chargesheet is produced at the time of hearing by learned counsel for the State and the same is gone through. From the chargesheet, it is made to reveal that the petitioners were not arrested during investigation. The case diary is also produced and the same is also perused. The statement of the witnesses recorded under Section 180 BNSS are made available and upon a reading of the same, the Court further finds that the informant was not treated properly by her husband and in-laws. Though there has been allegation of dowry demand, no specific particulars regarding the nature of demand is revealed by any of the witnesses examined during investigation. Considering the same and the nature of dispute between petitioner No.1 and informant in particular and lodging of the reports i.e. Annexures 1 & 2 and as in the meantime, the investigation stands concluded without the arrest of the petitioners, this Court is inclined to direct them to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned SDJM (Sadar), Cuttack within a fortnight from today, it is directed that they shall be released on bail in connection with Cuttack Mahila P.S. Case No.05 of 2026 corresponding to G.R. Case No.25 of 2026 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita