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2026 DAILYLAW 545 (ORI)

PRAKASH KU. SETHI v. STATE OF ODISHA

ABLAPL/620/2026 · 2026-01-30

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.620 of 2026 Prakash Ku. Sethi & others …. Petitioners Mr. T.P. Mohapatra, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Puri Sadar P.S. Case No.772 of 2025 corresponding to G.R. Case No.991 of 2025 pending in the court of learned Nyayadhikari, Grama Nyayalaya, Puri on the grounds stated. 3. Perused the FIR as at Annexure-1. 4. Learned counsel for the petitioners submits that petitioner Nos.1 and 3 are the parents and petitioner No.2 is the grandfather of the principal accused. The further submission is that the victim is presently staying with the principal accused. As per the F.I.R. i.e. Annexure-1, the Court finds that the victim, a minor aged about 17 years, went found missing and hence, it was intimated to the local police. It does appear to be a case of elopement. Learned counsel for the State submits that the bail petition is not maintainable since the offence under Section 137(2) BNS is bailable in nature. In reply to the above, it is submitted to the Court that the petitioners may be implicated for any higher offence since the victim is a minor and hence, apprehending arrest. Considering the submissions as above, this Court directs the petitioner to surrender before the learned court below for being released on bail with suitable conditions imposed after ascertaining the wellbeing and whereabouts of the victim with an inquiry held in that regard. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned Nyayadhikari, Grama Nyayalaya, Puri within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with G.R. Case No.991 of 2025 on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which is at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following conditions, such as, they shall cooperate the I.O. in the investigation of the case It is also directed that before such release of the petitioners, the learned court below shall enquire the wellbeing and whereabouts of the victim with the assistance of the local P.S. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT