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2026 DAILYLAW 23767 (ORI)

DUDHESWAR BAG v. STATE OF ODISHA

ABLAPL/6301/2026 · 2026-07-01

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 6301 of 2026 Dudheswar Bag …. Petitioner Mr. S. Dwibedi, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 01.07.2026 03. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed by the petitioner seeking pre-arrest bail in connection with Muribahal P.S. Case No.82 of 2026 corresponding to G.R. Case No.80 of 2026 pending in the file of learned J.M.F.C, Muribahal on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. The case diary is produced and the same is gone through. The statement of the victim informant recorded before the Magistrate under Section 183 BNSS is also submitted and the same is perused. Mr. Dwibedi, learned counsel for the petitioner submits that it was a consensual relationship between the parties related to each other as cousins. It is also claimed that the parties are married and have had extra-marital affair. p. 2 The FIR is lodged by the victim. On perusal of the statement of the informant before the Magistrate, it is made to understand that despite being threatened by the petitioner continued to have relationship. Without casting any aspersion to the victim’s claim with the statement recorded before the Magistrate during investigation, this Court having regard to the fact that the petitioner is a relation and both are married, this Court is inclined to direct him to surrender before the learned court below for being released with suitable conditions even though it is not a case for anticipatory bail. 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 J.M.F.C, Muribahal within a fortnight from today, it is directed that he shall be released on bail in connection with Muribahal P.S. Case No.82 of 2026 corresponding to G.R. Case No.80 of 2026 on furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed just and proper in the facts and circumstances of the case besides a condition not to cause any harm to the victim while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer