IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1036 of 2026 Dusmanta Naik …. Petitioner Mr. N. K. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. M. K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 17.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Sahidnagar P.S. Case No.631 of 2025 corresponding to C.T. Case No.1618 of 2025 pending in the file of learned J.M.F.C.(III), Bhubaneswar on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1. A copy of the Birth Certificate is at Annexure-2 in respect of the petitioner with the claim that he is a juvenile-in-conflict with law. The submission of learned counsel for the petitioner is that the petitioner is aged about 17 years and 11 months referring to Annexure-2, a copy of the High School Certificate Examination. In course of hearing, a copy of the victim’s statement recorded under Section 180 BNSS is also produced. The further submission is that the victim, who is admittedly a minor, has not stated anything adverse against the petitioner. A case under Section 137(2) BNSS has been registered, however, the petitioner apprehends arrest by the local police as it might add higher offence, when the victim is a minor. Learned counsel for the State submits that he has no instructions regarding the age of the petitioner and also the victim’s version as is claimed by the other side. On a reading of the statement of victim recorded during investigation, it is made to reveal that she has not alleged any sexual mischief against the petitioner. The reason behind the elopement of the victim with the petitioner is also narrated therein. It is informed to the Court that the victim has been rescued by the local police and now staying with the informant and her family. Considering the above facts and the fact that the petitioner is a young boy aged about 17 years and some months as made to appear from Annexure-2, this Court though not inclined to grant him pre- arrest bail, but is of the view that he should be directed to surrender before the learned court below for being released with suitable conditions imposed. 4. Accordingly, it is ordered. 5. In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C.(III), Bhubaneswar within a fortnight from today, the petitioner shall be released on bail in connection with Sahidnagar P.S. Case No.631 of 2025 corresponding to C.T. Case No.1618 of 2025 subject to him furnishing a bail bond of Rs.25,000/- (Rupees twenty-five 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. It is further directed the learned court below shall hold an enquiry with regard to the age of the petitioner with reference to Annexure-2 on production of its original and in case finds him to be a juvenile, to transmit the record to the Juvenile Justice Board, Khordha for further orders. 6. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Sumitra