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2026 DAILYLAW 6446 (ORI)

KUNU PRUSTY v. STATE OF ODISHA

ABLAPL/3476/2026 · 2026-04-24

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3476 of 2026 Kunu Prusty and others ..... Petitioners Represented by Adv. - Amiya Kumar Mohanty (a) -versus- State of Odisha ..... Opposite Parties Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.04.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of BNSS, 2023 by the Petitioners seeking pre-arrest bail in connection with Bhubaneswar Mahila P.S. Case No.368 of 2025, corresponding to C.T. Case No.2403 of 2025, pending in the court of learned S.D.J.M., Bhubaneswar, for alleged commission of offences punishable under Sections 85, 115(2), 296, 351(2), 89 & 3(5) of BNS read with Section 4 of D.P. Act. 4. Learned counsel for the Petitioner at the outset contended that Page 2 of 3. the Petitioners are the members of the in-law’s family of the informant. He further contended that there exists a matrimonial discord between the informant and her husband, as a result of which, the husband of the informant as well as the entire family members have been implemented in the present case by making false allegation. He further submitted that so far the present Petitioner are concerned, there is no specific allegation against them of committing any torture and no assaulting the informant. It was also contended that the present Petitioners were staying separately from the informant and her husband. In such view of the matter, the learned counsel for the Petitioners contended that the Petitioners be released on bail on any stringent terms and conditions as it be deemed just and proper by this Court. 5. Considering the nature of allegation, gravity of offence and the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. 6. The release of the Petitioners shall also be subject to following conditions:- i) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; Page 3 of 3. iii) shall not harass, threaten or terrorize the informant and any of the family members of the informant in any manner whatsoever; Violation of any of the terms and conditions shall entail cancellation of bail. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra ) Judge S.K. Rout