p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10760 of 2024 Nilanchala Pan …. Petitioner Mr. Devashis Panda, Adv. -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.01.2026 05. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Junagarh P.S. Case No.369 of 2024 corresponding to C.T. Case No.363 of 2024 pending in the file of learned J.M.F.C., Junagarh on the grounds stated therein. 3. Gone through the FIR at Annexure-1. The details of the circumstances leading to the lodging of the report are mentioned therein. Learned counsel for the petitioner refers to Annexure-2, a copy of the S.D. entry at the local P.S. The submission is that the marriage between the parties could not materialize, rather, it failed even though the petitioner’s family had approached for the same. The further submission is that the p. 2 parties had been in a relationship for some time, but because of the temperament of the victim, the marriage has failed. 4. Learned counsel for the State produced the case diary and statements of the witnesses recorded under Section 180 BNSS with the submission that the victim declined her medical examination. 5. Considering the case diary, as it appears, the parties had been in a committed relationship and thereafter, the report was lodged as per Annexure-1 when their marriage could not materialize at the end. The case under Section 376(2)(n) IPC has been registered against the petitioner, which according to the learned counsel for the petitioner, is not made out. Having regard to the above facts, the earlier report at the local P.S. from the side of the petitioner and thereafter, the FIR by the victim alleging rape when her marriage with the former failed, this Court though not inclined to grant pre-arrest bail to the accused but, however, is of the view that he should be directed to surrender before the court concerned for being released on bail with suitable conditions imposed and accordingly, it is ordered. 6. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C., Junagarh within a fortnight from today, the petitioner shall be released on bail in connection with Junagarh P.S. Case No.369 of 2024 p. 3 corresponding to C.T. Case No.363 of 2024 subject to him furnishing a 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 victim in any manner whatsoever and to cooperate the I.O. in the investigation, till the same is over. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok