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2026 DAILYLAW 23749 (ORI)

AMIT KUMAR ROUT @ AMIT ROUT v. STATE OF ODISHA

ABLAPL/4988/2026 · 2026-07-01

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4988 of 2026 Amit Kumar Rout @ Amit Rout …. Petitioner Mr. Sabir Palit, Sr. Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 01.07.2026 02. 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 Info Valley P.S. Case No.139 of 2026 corresponding to G.R. Case No.364 of 2026 pending in the file of learned J.M.F.C., Jatni on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submission of Mr. Palit, learned Senior Advocate appearing for the petitioner and State. Gone through the contents of the report and the allegations therein against the petitioner. Mr. Palit, learned Senior Advocate would submit that the petitioner is a Government official and he was in a consensual relationship with the victim. It is further submitted that the relationship between the parties continued for two years and finally, the FIR has been lodged with an allegation of rape. It is claimed that the victim joined the company of the petitioner number of times p. 2 and stayed in hotels and thereafter, when the relationship between them worsened, the report has been lodged. An affidavit is filed by the petitioner today with Annexure-A/1 to the same to show the relationship between the parties to be consensual. The case diary is produced by Ms. Mohanty, learned ASC for the State and the same is gone through. The statements of the witnesses of the hotels have also been recorded during the investigation under Section 180 BNSS. It is made to reveal that the informant had been a relationship for quite some time till recently before lodging of the FIR. In the report, there is allegation of rape with an incident of the year 2024 described therein but thereafter, it is made to understand that the parties had been together for nearly two years and travelled to different places and stayed in hotels. Considering the FIR and allegations therein to the effect that the victim was given a promise of marriage by the petitioner, this Court directed them for mediation but it has been unsuccessful with a report dated 29th May, 2026 received at Flag-C. But having regard to the allegations in the FIR, statements of the witnesses and of the victim recorded during investigation and also before a Magistrate under Section 183 BNSS, this Court, without expressing any opinion on merits of the case, though not in favour of entertaining the bail plea, is inclined to direct the petitioner, a Government servant and unlikely to abscond, to surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. p. 3 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 J.M.F.C., Jatni within a fortnight from today in connection with G.R. Case No.364 of 2026 corresponding to Info Valley P.S. Case No.139 of 2026, he shall be released on bail upon furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount with such other conditions imposed besides the following, such as, he shall not terrorize and cause any harm to the informant while on bail and to co-operate the IO in the investigation as and when summoned. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu