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2026 DAILYLAW 9746 (ORI)

BIKALA CHARAN SAHOO v. STATE OF ODISHA

ABLAPL/2366/2026 · 2026-04-22

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2366 of 2026 Bikala Charan Sahoo & another …. Petitioners Mr. B. Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Banki P.S. Case No.72 of 2026 corresponding to G.R. Case No.33 of 2026 pending in the file of learned J.M.F.C., Damapada on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted that the informant had lodged one more report against the petitioners in the month of January, 2026, a copy of which is at Annexure-2. The submission that with false allegations made, the present FIR is lodged. It is claimed that there has been no serious injury caused to the informant or for that matter, anyone else. The claim is that the offences are bailable in nature except the one under Sections 74 and 118(1) BNSS and considering the same, the petitioners should be allowed to go on bail with any conditions. Mr. Panda, learned ASS for the State on the p. 2 other hand opposed the bail plea on the ground that petitioner No.2 committed the mischief and assaulted one of the victims during the incident. The Court finds that the earlier FIR was lodged by the informant alleging offences punishable under the SC & ST (PoA) Act. It is informed to the Court that the investigation is underway with respect to the other FIR registered as Banki P.S. Case No.19 dated 9th January, 2026. The Court finds that the allegations are made against the petitioners for the alleged incident during and in course of which it is said that they outrage the modesty of the daughters- in-law of the family of the informant. Considering the circumstances leading to the alleged incident and assault, recording the claim that there is no grievous injury caused to any one and objection of the State, this Court, though not in favour of allowing pre-arrest bail to any of them but is inclined to direct them to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned J.M.F.C., Damapada in connection with Banki P.S. Case No.72 of 2026 corresponding to G.R. Case No.33 of 2026 within a fortnight from today, they shall be released on bail upon furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with other conditions imposed besides the following, such as, no one shall not p. 3 commit any further mischief involving the informant and her family members in any manner whatsoever while on bail and to furnish an undertaking to that effect. It is further directed that petitioner No.2 shall attend the PS once in a fortnight till the investigation is concluded or at least for three months, whichever is earlier. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer