Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2424 of 2026
Jerad Jena …. Petitioner Mr. S.K. Dash, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 22.04.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with R. Udayagiri P.S. Case No.141 of 2025 corresponding to G.R. Case No.234 of 2025 pending in the court of learned J.M.F.C., R. Udayagiri on the grounds stated.
3. Perused the FIR as at Annexure-1. The chargesheet is already filed and a copy of the same is at Annexure-2. A case under Section 64(1) BNS was registered but it has been deleted while filing the chargesheet. instead, the chargesheet is filed under Sections 81, 127(4) and 318(2) of the BNS. The Court perused the case diary and also the statement of the victim recorded before a Magistrate as submitted by learned ASC for the State. It is made to understand that the petitioner and the informant stayed together like a normal couple and thereafter, the report was lodged alleging rape but it has resulted in submission of the chargesheet without an offence under Section p. 2 64(1) BNS. Considering the above facts and submissions of
learned counsel for the respective parties and in view of the filing of chargesheet as per Annexure-2 and that the victim is a major and a married lady and in view of the claim that there has been a consensual relation between her and the petitioner, this Court is inclined to direct the latter to surrender before the learned court below to go on bail with conditions.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned J.M.F.C., R. Udayagiri within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.234 of 2025 on 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.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik)
Judge Balaram Designation: PERSONAL ASSISTANT