Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14168 of 2025
Kalpana Behera & others …. Petitioners Mr. S.K. Das, Advocate
-Versus-
State of Odisha & another …. Opposite Parties
Mr. M.K. Mohanty, ASC
ABLAPL No.766 of 2026
Chandrakanta Behera …. Petitioner Mr. S.K. Das, Advocate
-Versus-
State of Odisha & another …. Opposite Parties
Mr. M.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 11.02.2026
02. 1. The bail plea vis-à-vis petitioner No.3 in ABLAPL No. 14168 of 2025 and the accused, namely, Chandrakanta Behera in ABLAPL No.766 of 2026 is not pressed, hence, the ABLAPLs are dismissed against them. 2. Both the ABLAPLs are taken up together and disposed of by the following common order. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Gopalpur P.S. Case No.196 of 2025 corresponding to C.T. p. 2 Case No.850 of 2025 pending in the court of learned J.M.F.C. (R), Balasore on the grounds stated. 4. Perused the F.I.R as at Annexure-1. 5. A counter FIR has been lodged from the side of the petitioners, copy of which is at Annexure-2. Mr. Das, learned counsel for the petitioners submits that the allegations are totally false. The further submission is that the husband of the informant has filed a divorce case pending before the Family Court at Balasore. In course of hearing, learned counsel for the State produced a copy of the statement of the victim recorded under Section 183 BNSS and on a reading of the same, the Court finds that two of the accused persons did the sexual mischief with her, namely, Chandrakanta Behera and Samar Behera@ Samar Kumar Behera. Such allegation is directed against petitioner No.3 in ABLAPL No.14168 of 2025 and the co-accused, namely, Chandrakanta Behera. Considering the version of the victim recorded before the Magistrate during investigation, this Court finds that there has been a dispute and in course of events, the alleged mischief has been committed by the above said accused persons. But considering the fact that a counter FIR is lodged for the alleged incident, this Court is of the view that the petitioners should be directed to surrender instead for being released with suitable conditions imposed instead of anticipatory bail as has been demanded by them. 6. Hence, it is ordered. 7.
In the result, the ABLAPL petitions stand disposed of with a direction to the petitioners to surrender before learned p. 3 J.M.F.C. (R), Balasore within a fortnight from today and in the event of their surrender in compliance thereof, they shall be released on bail in connection with C.T. Case No.850 of 2025 on furnishing bail bonds of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the 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, none shall pick up any quarrel with the informant/victim and at the same time, to cooperate the I.O. in the investigation, till its conclusion. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT