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2026 DAILYLAW 25852 (ORI)

SUSHANTA KUMAR BEHERA @ BABULI @ SUSHANTA v. STATE OF ODISHA

ABLAPL/7543/2026 · 2026-07-13

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7543 of 2026 Sushanta Kumar Behera @ Babuli @ Sushanta …. Petitioner Mr. S.N. Mishra-4, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.07.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Naikandihi P.S. Case No. 154 of 2026 corresponding to G.R. Case No.623 of 2026 pending in the file of learned J.M.F.C., Basudevpur on the grounds stated. 3. Recorded the submissions of learned counsel for the respective parties. Gone through the FIR as at Annexure-1. The case diary with other relevant documents is submitted to the Court. Mr. Mishra, learned counsel for the petitioner submits that there is delay in lodging of the FIR for obvious reasons not disclosed therein. It is submitted that the informant and her husband was having the dispute and the petitioner has been unnecessarily dragged into it with such false allegations made in the FIR. The victim’s statement recorded under Section 180 BNSS is made available along with the case diary. The mischief committed by the petitioner has been stated by the informant therein. But considering the fact that the petitioner is known to the family of the informant and that he made a sexually coloured request to her and thereafter the FIR is lodged, recording the claim that he has no other antecedent of similar nature, this Court is inclined to direct him to surrender before the learned court below for being released with stringent conditions imposed even though not a case for pre-arrest bail. 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 J.M.F.C., Basudevpur in connection with G.R. Case No.623 of 2026 corresponding to Naikandihi P.S. Case No. 154 of 2026 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed by learned court below as deemed just and proper in the facts and circumstances of the case. It is further directed that the petitioner shall furnish an undertaking in the P.S. not to commit further mischief involving the informant and to stay away from her, while on bail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Balaram Judge Designation: PERSONAL ASSISTANT