Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.639 of 2026
Anup Kumar Agasti …. Petitioner
Mr. S.K. Pradhan, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S.K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 30.01.2026
01.
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 Sinapali P.S. Case No.02 of 2026 corresponding to C.T. Case No.02 of 2026 pending in the court of learned J.M.F.C., Sinapali on the grounds stated.
3. Gone through the FIR as at Annexure-1. The informant is the wife of the petitioner and she has lodged the FIR alleging ill-treatment against him and her in-laws. The submission of
learned counsel for the petitioner is that the petitioner has filed CP No.22 of 2025 in the Family Court at Bhawanipatna seeking divorce from the informant and thereafter, the report has been lodged recently with false allegations made therein.
Upon a reading of Annexure-1, the Court finds that the informant was physically and mentally tortured for non- fulfilment of dowry demand. But details of the demand from the side of the petitioner have not been disclosed in the FIR. With such other allegations including miscarriage, the FIR has been lodged against the accused persons. A copy of the notice received by the petitioner in the CP proceeding is produced by
learned counsel for appearing for him in course of hearing. As it appears, a divorce proceeding has been initiated at the behest of the petitioner. Considering the above facts and nature of allegations revealed from Annexure-1, recording the objection of the State, this Court is though not inclined to grant pre-arrest bail but is inclined to direct his release with conditions upon surrender before the learned court below within the stipulated period.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is directed that in the event, the petitioner surrenders before learned J.M.F.C., Sinapali in connection with Sinapali P.S. Case No.02 of 2026 corresponding to C.T. Case No.02 of 2026 within fifteen days from today, he shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed besides the following, such as, he shall not cause any harm to the informant wife in any manner, whatsoever, while on bail
and to co-operate the IO in the investigation, till the same is over.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge
TUDU