Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 5337 (ORI)

JYOTSNARANI DALAI v. STATE OF ODISHA

ABLAPL/5384/2025 · 2026-02-25

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5384 of 2025 Jyotsnarani Dalai …. Petitioner Mr. P.C. Jena, Advocate -Versus- State of Odisha and another …. Opposite Parties Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 25.02.2026 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 Special Case No.200 of 2024 arising out of C.T. Case No.412 of 2024 pending in the file of learned Additional District and Sessions Judge-cum-Special Judge (POCSO), Balasore arising out of Bhograi P.S. Case No.271 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1. The case diary and other relevant papers have been submitted to the Court by learned counsel for the State including the statement of the victim recorded under Section 183 BNSS. The submission is that the petitioner is the aunt of the principal accused and is not directly involved in the alleged incident. From the statement of the victim before the Magistrate, the Court finds that she has not alleged anything adverse even against the principal accused. It is further informed to the Court that the principal accused has been arrested in the meantime for the alleged mischief. Considering allegations in the FIR i.e. Annexure-1 and version of the victim as above and that the petitioner is a relation of the principal accused, not directly connected to the alleged occurrence, this Court is inclined to direct her to surrender before the learned court below to go on bail instead of considering pre-arrest bail as has been demanded by her. 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 Additional District and Sessions Judge-cum-Special Judge (POCSO), Balasore, it is directed that she shall be released on bail in connection with Special Case No.200 of 2024 arising out of C.T. Case No.412 of 2024 corresponding to Bhograi P.S. Case No.271 of 2024 on furnishing bail a bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper and in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer