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2025 DAILYLAW 68581 (ORI)

RAKESH BEHERA @ RAKESH KUMAR BEHERA v. STATE OF ODISHA

ABLAPL/10786/2025 · 2025-09-23

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 10786 of 2025 Rakesh Behera @ Rakesh Kumar Behera …. Petitioner Mr. A.K. Jena, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.09.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.1415 of 2025 pending on the file of learned J.M.F.C.-II, Bhubaneswar arising out of Info City P.S. Case No.410 of 2025 for commission of offences punishable under Sections 376(1)/294/323/506/406 of IPC. 3. It is submitted by the learned counsel for the Petitioner that the very fact is that the occurrence relates to the year 2023 and the delay in institution of the FIR has not been explained. Hence, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the Petitioner submits that the allegations are not made out since admittedly there was consensual relationship. p. 2 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. This Court perused the statement of the victim recorded under Section 183 of BNSS. 7. Taking note of the same, this Court is not inclined to entertain this application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. 8. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Ayesha