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2026 DAILYLAW 6749 (ORI)

BANITA BEHERA v. STATE OF ODISHA

ABLAPL/2758/2026 · 2026-04-23

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2758 of 2026 Banita Behera and another …. Petitioners Ms. Nibedita Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Boden P.S. Case No.257 of 2025 corresponding to C.T. Case No.252 of 2025 pending in the file of learned J.M.F.C., Boden on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The petitioners had earlier approached this Court in ABLAPL Nos.12780 & 14492 of 2025 and were allowed to go on bail. It is informed to the Court that petitioner No.1 could not avail the bail order for having antecedents, whereas, petitioner No.2 failed to turn up to surrender as he was sick by then, hence, under the above circumstances, both should be further directed to surrender before the learned court below for being released with suitable conditions imposed. p. 2 4. Recorded the submission of the learned counsel for the State. 5. Since on the earlier occasion, bail was allowed to the petitioners and for the reasons stated, it could not be availed of, recording the submission of learned counsel for the State that petitioner No.1 is having two criminal antecedents in total, whereas petitioner No.2 has none, this Court is inclined to reiterate the earlier view and allow them to surrender before the learned court below for being released with suitable conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioners surrender within a fortnight from today before the learned J.M.F.C, Boden in connection with Boden P.S. Case No.257 of 2025 corresponding to C.T. Case No.252 of 2025, they shall be released on bail subject to them on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned 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. It is further directed that such release of petitioner No.1 shall be subject to verification and absence of more than two criminal cases against her. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok