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2025 DAILYLAW 54 (ORI)

BANAMALI OJHA v. STATE OF ODISHA

ABLAPL/13398/2025 · 2026-01-19

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13398 of 2025 Banamali Ojha & another …. Petitioners M/s. S. Pattanayak, Advocate & Associates -Versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC AND ABLAPL No.13688 of 2025 Gadadhar Ojha & another …. Petitioners M/s. B.K. Nayak, Advocate & Associates -Versus- State of Odisha …. Opposite Parties Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.01.2026 02. 1. Both the ABLAPLs are disposed of by the following common order. 2. Heard learned counsel for the petitioners and State. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Gop P.S. Case No.342 of 2025 corresponding to G.R. Case No.727 of 2025 pending in the court of learned J.M.F.C., Konark on the grounds stated. p. 2 4. Gone through the F.I.R. as at Annexure-1 and it is made to reveal that the victim, a minor eloped with the principal accused named therein (Metho Ojha). As far as the petitioners herein are concerned, one of them is the father of the said accused. The submission is that the accused, namely, Banamali Ojha is a friend of principal accused and allegedly assisted in the elopement. The other accused, namely, Gadadhar Ojha happens to be the father of the accused, who is presently absconding with the victim, not yet traced out. Recorded the submissions of learned counsel for the State. Considering the fact that after the victim aged about 17 years went missing and for that the informant lodged the FIR alleging her kidnapping and the above facts and submissions of learned counsel for the petitioner and the role allegedly played by the petitioners, who apprehend arrest in the hands of the local police, the Court is of the view that they should be protected with an order against such arrest pending investigation. In other words, the Court is inclined to grant pre-arrest bail to the petitioners in view of the fact that the principal accused did the mischief with the victim, a minor and managed to elope with her. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL petitions stand disposed of. It is directed that in the event, the petitioners are arrested, both of them shall be released on bail by the Arresting Officer upon furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount being furnished with the conditions that they shall cooperate in p. 3 the investigation and report at the P.S. as and when called upon and summoned by the I.O. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT