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2025 DAILYLAW 5064 (ORI)

SUDEEPTA GHOSH @ SUDIPTA GHOSH v. STATE OF ODISHA

ABLAPL/2469/2025 · 2026-02-04

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2469 of 2025 Sudeepta Ghosh @ Sudipta Ghosh …. Petitioner Mr. Jyotirmaya Sahoo, Advocate -Versus- State of Odisha & Anr. …. Opposite Parties Mr. S. Panda, ASC Mr. Soubhagya Kumar Dash, Advocate (for the informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.02.2026 02. 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 Kodala P.S. Case No.114 of 2025 corresponding to G.R. Case No.400 of 2025 pending in the file of learned J.M.F.C., Khallikote on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1. The co-accused persons are on bail pursuant to ABLAPL No.2470 of 2025 dated 12th March, 2025. A compromise agreement is on record as at Flag-L. Today, a copy of the Certificate of Marriage is produced by the learned counsel for the petitioner and the same be kept on record. The said certificate reveals that the parties have had civil marriage on 28th October, 2025. The allegation p. 2 in the F.I.R. at Annexure-1 is to the fact that the petitioner maintained physical relationship with the victim being his teacher, however, the same is stoutly denied by the learned counsel for the petitioner referring to the victim’s statement recorded under Section 183 BNSS. The said statement reveals that the victim was not in a consensual relationship but then marriage has taken place in the month of October, 2025 as is revealed from the certificate produced today. Under such circumstances and the compromise agreement at Flag-L revealing therein the marriage on 28th February, 2025 held at a temple before the civil marriage, this Court is of the view that the petitioner should be directed to surrender before the learned court below for being released on bail instead of granting pre- arrest bail as has been demanded by him. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned J.M.F.C., Khallikote within a fortnight from today, it is directed that he shall be released on bail in connection with Kodala P.S. Case No.114 of 2025 corresponding to G.R. Case No.400 of 2025 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 co-operate the I.O. in the p. 3 investigation, while on bail. The above order shall be given effect to only upon verification with an enquiry by the learned court below to ascertain the claim of the civil marriage and wellbeing of the victim, who is said to have married to the petitioner recently. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok