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2031 DAILYLAW 2 (ORI)

BENGULI MALIK v. STATE OF ODISHA

ABLAPL/2031/2026 · 2026-04-16

R K Pattanaik

body2031

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2031 of 2026 Benguli Malik …. Petitioner Mr. P.C. Dash, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 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 Marsaghai P.S. Case No.0390 of 2025 corresponding to G.R. Case No.2500 of 2025 pending in the file of learned S.D.J.M., Kendrapara on the grounds stated therein. 3. Perused the FIR as at Annexure-1. The details of the incident leading to the lodging of the report are described therein. It is submitted by Mr. Dash, learned counsel for the petitioner that the husband of the petitioner and opposite party No.2 picked up a quarrel and ultimately, it led to the lodging of the FIR. This Court finds that the parties belong to one family. The reason behind the dispute has been narrated in the FIR. In so far as the offences are alleged, all are bailable in nature except the one under Sections 74 & 76 BNS. It is alleged that during and in course of events of the alleged incident, the petitioner committed the excess. The informant, namely, opposite party No.2 alleged outrage of her modesty by the petitioner and others. 4. Recorded the objection of the State with reference to the FIR. Considering the facts pleaded on record and the submissions as above and the FIR which reveals the reason behind the overt acts committed by the petitioner, who is a lady and her husband being involved with opposite party No.2 during the alleged incident, this Court though not in favour of granting pre-arrest bail to her, however, is of the view that she should be directed to surrender before the learned court below for being released on bail with suitable conditions. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today in connection with Marsaghai P.S. Case No.0390 of 2025 corresponding to G.R. Case No.2500 of 2025, she shall be released on bail subject to her furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court of learned S.D.J.M., Kendrapara, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, she shall not commit similar mischief with opposite party No.2 in any manner whatsoever while on bail and to extend her cooperation to the I.O. during investigation without default. 7. Issue urgent certified copy as per rules and in course of the day. (R.K. Pattanaik) Judge Alok