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2026 DAILYLAW 29043 (ORI)

BAPUN BHAKTA v. STATE OF ODISHA

ABLAPL/4358/2026 · 2026-07-28

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4358 of 2026 Bapun Bhakta …. Petitioner Mr. K. Mohanty, Advocate -versus- 1. State of Orissa 2. Informant …. Opposite Parties Mr. S.S. Routray, ASC Mr. B. Nayak, Adv.(Informant) CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.07.2026 04. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.260 of 2026 pending on the file of learned J.M.F.C.-I (Cog. Taking), Baripada, Mayurbhanj, arising out of Chandua P.S. Case No.41 of 2026 for commission of offences punishable under Section 69 of the BNS. 3. It is submitted by the learned counsel that since charge sheet has already been filed and consensual relationship is being given the colour of offence, the Petitioner may be protected by pre- arrest bail. p. 2 4. Learned counsel for the State as well as Informant oppose such prayer. 5. Considering the rival submission, on perusal of statement of the victim recorded under Section 183 of BNSS, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.-I (Cog. Taking), Baripada, Mayurbhanj in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.- I (Cog. Taking), Baripada, Mayurbhanj on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C.-I (Cog. Taking), Baripada, Mayurbhanj, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 6. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.-I (Cog. Taking), Baripada, Mayurbhanj is called upon to transmit the case record to the higher forum at the p. 3 earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 7. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Ayesha