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2024 DAILYLAW 879 (ORI)

SADHU CHARAN DASH v. STATE OF ODISHA

ABLAPL/14006/2024 · 2026-02-09

R K Pattanaik

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 14006 of 2024 Sadhu Charan Dash …. Petitioner Mr. J. K. Khuntia, Advocate -Versus- State of Orissa …. Opposite Party Mr. M.K. Mohanty, ASC Mr. S.K. Jena, Advocate for the informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No. 2181 of 2024 pending in the file of learned J.M.F.C- V, Bhubaneswar arising out of Dhauli P.S. Case No. 269 of 2024 on the grounds stated. 3. Perused the FIRs as at Annexures-1 and 2, referring to which, it is submitted to the Court by Mr. Khuntia, learned counsel for the petitioner that the present accused is the landlord and he has been harassed by the informant, who is a tenant and in so far as, the allegations contained in the FIR dated 27th November, 2024 as at Annexure-1 are concerned, all are falsehood. It is submitted further that the local villagers lodged a complaint against the informant and while claiming so, Mr. Khuntia, learned counsel refers to Annexure-3, a copy of such complaint made to the local PS. Recorded the submissions of learned counsel for the informant and State. Perused the victim’s version recorded under Section 161 Cr.P.C. As it appears, the alleged incident took place and during such incident, the informant was manhandled. It has been alleged that she was sexually molested by the petitioner. The alleged incident said to have taken place in presence of the co-accused wife. Considering the above facts and absence of any other antecedent, even though, the Court is not inclined to grant him pre-arrest bail but is of the view that the petitioner should be directed to surrender before the learned court below for being released on bail with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C-V, Bhubaneswar within a fortnight from today, it is directed that he shall be released on bail in connection with C.T. Case No. 2181 of 2024 corresponding to Dhauli P.S. Case No. 269 of 2024 on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall furnish an undertaking not to pick up any quarrel or dispute with the informant and commit any further mischief involving her, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer