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2026 DAILYLAW 6091 (ORI)

BASANTA ORAM v. STATE OF ODISHA

ABLAPL/1537/2026 · 2026-03-17

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1537 of 2026 Basanta Oram & others …. Petitioners Mr. Milan Kanungo, Senior Advocate assisted by Mr. D. Acharya, Advocate -Versus- State of Odisha …. Opposite Party Ms. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.03.2026 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 Phulbani Town P.S. Case No.9 of 2026 corresponding to C.T. Case No.20 of 2026 pending in the court of learned S.D.J.M., Phulbani on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of Mr. Kanungo, learned Senior Advocate appearing for the petitioners, according to whom, petitioner No.1 is the principal accused involved with the informant, as both them have had a relationship for some years. It is further submitted that the allegations against the other petitioners are omnibus in nature. The submission is that petitioner No.1 and informant had been in a relationship for about a year, during which, the latter became pregnant but the pregnancy was allegedly terminated. On being asked, if petitioner No.1 is inclined to accept the informant as his wife, Mr. Kanungo, p. 2 learned Senior Counsel submits that instruction is needed in that regard. Recorded the objection of the State. A case under Section 69 BNS has been registered with other allied offences. Considering the fact that the parties were in a relationship and it was on a promise of marriage given to the informant, this Court in absence of any other serious allegations against petitioner Nos. 2 to 7 is inclined to direct their release upon surrender before the learned Court below. The Court is also of the view that the matter should be referred for mediation between petitioner No.1 and the informant as there is possibility of their marriage in view of the relationship between them since revealed from the FIR. The Court is also inclined to consider release of petitioner No.1 upon his surrender before the learned court below subject to conditions imposed to ensure that the mediation becomes successful. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioners to surrender before learned S.D.J.M., Phulbani within a fortnight from today and in the event, they surrender in compliance thereof, shall be released on bail in connection with C.T. Case No.20 of 2026 on furnishing a bail bond of Rs.25,000/- (rupees twenty-five thousand) each with one solvent surety for the like amount each to the satisfaction of the court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not coerce or threaten the informant in any manner whatsoever, while on bail. It is further p. 3 directed that petitioner No.1 after being released shall appear before the DLSA, Phulbani on 15th April, 2026 for mediation to be taken up with proper notice to the informant in that regard to explore the possibility of marriage between the parties. In case, any of the conditions is/are violated, it is made clear that it shall entail cancellation of bail granted to the petitioners. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT