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2026 DAILYLAW 6480 (ORI)

SHIBA SUNDAR DAS v. STATE OF ODISHA

ABLAPL/3179/2026 · 2026-04-24

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3179 of 2026 Shiba Sundar Das …. Petitioner(s) Mr. Prafulla Kumar Rath, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Khandagiri P.S. Case No.154 of 2026 corresponding to C.T. Case No.997 of 2026 registered for alleged commission of the offences punishable under Sections 85/115(2)/296/351(2)/3(5) of the BNS, 2023, pending in the Court of the learned J.M.F.C.-V, Bhubaneswar. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The allegation against the petitioners is that the wife of the petitioner reported at the P.S. alleging that the petitioner has love affairs with another girl. He abused his wife in filthy languages and assaulted her and tortured her both physically & mentally. When she protested the same, her husband threatened with dire consequences. Hence, the case. 5. Learned Counsel for the petitioner submits that the dispute in the present case is arising out of a matrimonial discord. At the instance of the wife of the petitioner, the F.I.R. has been registered. Since it is a matrimonial discord, therefore, the petitioner may be to admitted to anticipatory bail. 6. Regard being had to the nature of allegations against the petitioner, the fact that the present dispute is arising out of a matrimonial discord, I am inclined to grant the petitioner anticipatory bail. Accordingly, it is directed that, in the event, the petitioner is arrested, he shall be released by the Arresting Officer, subject to the verification of the criminal antecedents of similar nature. The release of the petitioner shall also be subject to the condition that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 7. The ABLAPL is, accordingly, disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.