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2025 DAILYLAW 6079 (ORI)

MANISH DEHURY v. STATE OF ODISHA

ABLAPL/775/2025 · 2026-05-14

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.775 of 2025 Manish Dehury …. Petitioner Mr. A. Das, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 14.05.2026 03. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Kamakhyanagar P.S. Case No.302 of 2023 corresponding to G.R. Case No.571 of 2023 pending in the file of learned S.D.J.M., Kamakhyanagar on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court that the informant is married to the petitioner and both are staying together at present and even blessed with a male child and while claiming so, Discharge Card in respect of the victim is produced. The further submission is that it was an elopement of the victim with the petitioner followed by a marriage and since both are leading a happy conjugal life, the petitioner should be allowed to go on bail. Mrs. Mohanty, learned ASC for the State refers to the victim’s statement recorded under Section 164 Cr.P.C. and submits that her marriage with the petitioner has taken place but subsequently, she was deserted. The case diary is also submitted along with p. 2 the statements of other witnesses recorded during investigation besides the victim before the Magistrate. This Court considering the submissions as above and claim that the parties have settled in their life and staying together with a male child born to them, this Court notwithstanding the order of ABLAPL No.7773 of 2023 is inclined to direct the petitioner, who is aged about 21-22 years, to surrender before the learned court below for being released with following conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned S.D.J.M., Kamakhyanagar within a fortnight from today in connection with G.R. Case No.571 of 2023 corresponding to Kamakhyanagar P.S. Case No.302 of 2023, he shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed. It is further directed that before directing release of the petitioner, learned court below shall issue notice to the victim and to ascertain whether she is presently staying with the petitioner and leading a marital life as is claimed and if it is found to be correct, to accept the bail bonds and to release him forthwith. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU