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2026 DAILYLAW 7575 (ORI)

DAYANIDHI BEHERA @ BENGA BEHERA v. STATE OF ODISHA

ABLAPL/2939/2026 · 2026-04-23

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2939 of 2026 1.Dayanidhi Behera @ Benga Behera 2. Jagannath Behera 3. Naran @ Narayan Behera …. Petitioners Mr. A.Pattanaik, Advocate -versus- 1.State of Odisha 2. Informant …. Opposite Parties Mr. P.K. Ray, AGA Mr. S. Mohapatra, Advocate (Informant) CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.04.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State as well as the Informant. 2. The Petitioners are seeking pre-arrest bail in connection with Spl. POCSO Case No. 109 of 2025 pending on the file of learned A.D.J.-Cum-Spl. Court under POCSO Act, Bhadrak, arising out of Bhadrak Rural P.S. Case No-533 of 2025 for commission of offences punishable under Sections 126(2)/115(2)/74/296/351(2)/3(5) of BNS, 2023, r/w Section 12 of Protection of Children from Sexual offenses Act (Amended), 2012,2019. 3. It is submitted by the learned counsel for the Petitioners that because of civil litigation inter se between the parties and the earlier cases, the Petitioners have been falsely implicated. Hence, they may be protected by pre-arrest bail. 4. Learned counsel for the State as well as the Informant oppose the prayer. 5. Perused the statement of the victim recorded under Section 183 Cr.P.C. as well as the statement of another witness Purna Chandra Jena. 6. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioners surrender before the learned Court in seisin and move application for their release on bail, the same shall be considered on its own merit. 7. Learned Court in seisin is requested to make an endeavour to dispose of the bail application on the same day and needless to state after following the due procedure of law. 8. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer