IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2012 of 2026 Srikanta Kumar Nath …. Petitioner Mr. Deepak Ku. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, 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 for pre-arrest bail of the petitioners in connection with Marsaghai P.S. Case No.15 of 2026 corresponding to G.R. Case No.73 of 2026 pending in the file of learned S.D.J.M., Kendrapara on the grounds stated therein. 3. Perused the FIR as at Annexure-1. 4. Mr. Sahoo, learned counsel for the petitioner submits that the relationship of the petitioner with the informant, who is a married lady, is a consensual one but a case under Section 64(2)(m) BNS has been registered upon receiving a report from her. Mr. Panda, learned counsel for the State produced the statement of the victim recorded under Section 183 BNSS and submits that rape has been committed by the petitioner. It is claimed by the learned counsel for the petitioner that the victim married in the year 2013 and thereafter, she developed relationship with the petitioner and both of them travelled to Puri and stayed together and therefore, it cannot be said that he committed rape for the alleged relationship with the informant. 5. The statement of the witnesses recorded under Section 180 BNSS are also made available along with the case diary by the learned counsel for the State. It appears that the petitioner and victim developed relationship and on the promise of marriage after one and half years, the sexual mischief alleged to have committed. Considering the case diary and the other police papers and also the statement of the victim recorded under Section 183 BNSS, this Court though not inclined to grant pre-arrest bail to the petitioner, however, is of the view that he should be directed to surrender before the learned court below for being released on bail with suitable conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned S.D.J.M., Kendrapara in connection with Marsaghai P.S. Case No.15 of 2026 corresponding to G.R. Case No.73 of 2026, he shall be released on bail subject to him on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount 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 besides the following, such as, he shall not cause any harm to the informant victim in any manner whatsoever, while on bail. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok