Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1442 of 2026
Debendra Nath Behera …. Petitioner
Mr. P.K. Mohanty, Sr. Advocate assisted by Mr. P.K. Samantray, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. M.K. Mohanty, ASC Mr. S.K. Dwibedi, Advocate (Informant)
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 13.03.2026
01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Sahadevkhunta P.S. Case No.247 of 2025 corresponding to C.T. Case No.553 of 2025 pending in the file of learned S.D.J.M., Balasore on the grounds stated therein. 3. Mr. Mohanty, learned Senior Advocate appearing for the petitioner submits that the present accused is the father-in- law and in the changed circumstances, he should be allowed to go on bail later to the filing of the chargesheet at Annexure-3. The further submission is that the offences under Sections 75(2) and 78(2) BNS have been deleted in the chargesheet and therefore, the petitioner, who was earlier denied pre-arrest bail and even though the SLP was dismissed, should be granted bail on any terms and conditions. Page 2 of 3
4. Mr. Dwibedi, learned counsel for the informant submits that the offence under Section 74 BNS has been retained and the same is on account of allegations made by the informant against the petitioner. A copy of the order of the Apex Court dated 22nd September, 2025 is produced denying any such relief to the petitioner. The record reveals that the petitioner earlier had approached this Court in ABLAPL No.9211 of 2025 and since bail was refused, he moved the Apex Court in SLP (C) No.14370 of 2025 and it was disposed of allowing bail to the mother-in-law of the informant and not to him. 5. Mr. Mohanty, learned Senior Advocate appearing for the petitioner submits that the statement of the informant contradicts the allegations in the FIR at Annexure-1 and it is also submitted that there was a settlement in the month of May, 2025, but even after such settlement, the report was lodged in the month of July, 2025 with the allegations against the petitioner and others. 6. Recorded the objection of the State. 7. Considering the submissions as above and in view of the allegations against the petitioner for an offence under Section 74 BNS, this Court is not inclined to reconsider any such plea for pre-arrest bail of the petitioner but is of the view that he should be directed to surrender before the learned court below seeking regular bail for its consideration during 1st hour and in case of rejection to approach the Sessions Court. 8. Accordingly, it is ordered.
9. In the result, ABLAPL is disposed of. It is further
directed that in the event, the petitioner surrenders within a period of fifteen days from today before the learned S.D.J.M., Balasore in connection with Sahadevkhunta P.S. Case No.247 of 2025 corresponding to C.T. Case No.553 of 2025 and moves an application for regular bail, it shall be duly considered in the first hour and in case of rejection, he shall approach the learned Sessions Court during the second hour for orders on the same day and for the said purpose, relevant case record shall be made available.
10. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok