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2026 DAILYLAW 734 (ORI)

DEBENDRA PATASANI @ DHOLA v. STATE OF ODISHA

ABLAPL/1081/2026 · 2026-02-23

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1081 of 2026 Debendra Patasani@ Dhola …. Petitioner Mr. A. S. Paul, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.02.2026 01. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Khordha P.S. Case No.226 of 2019 corresponding to G.R. Case No.646 of 2019 pending in the file of learned S.D.J.M., Khordha on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and a copy of the chargesheet i.e. Annexure-2 and today, an affidavit is filed by opposite party No.2, namely, informant claiming that there has been a compromise between her and the petitioner. A case under Section 376 I.P.C. is registered. In fact, Mr. Prakash Chandra Das, learned counsel and his associates entered appearance for the informant and files Vakalatnama, which is taken on record. It is submitted by Mr. Das, learned counsel that there has been a settlement between opposite party No.2 and the petitioner. Similar submission is made by learned counsel for the petitioner claiming the compromise. 4. Without expressing anything on merits of the case as there has been a chargesheet filed as per Annexure-2, this Court, for the fact that the victim, namely, opposite party No.2 has married elsewhere and settled in life, accepting her affidavit filed today, is of the view that the petitioner should instead be directed to surrender before the learned court below to go on bail with conditions instead of pre-arrest bail as has been demanded by him. 5. Accordingly, it is ordered. 6. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned S.D.J.M., Khordha within a fortnight from today, the petitioner shall be released on bail in connection with Khordha P.S. Case No.226 of 2019 corresponding to G.R. Case No.646 of 2019 subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount 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. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra