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2048 DAILYLAW 3 (ORI)

RABINDRA BINJHAL v. STATE OF ODISHA

ABLAPL/2048/2026 · 2026-04-21

R K Pattanaik

body2048

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2048 of 2026 Rabindra Binjhal …. Petitioner Mr. S.K. Dwibedi, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.04.2026 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 Charmal P.S. Case No.16 of 2026 corresponding to G.R. Case No.54 of 2026 pending in the court of learned S.D.J.M., Rairakhol on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court by Mr. Dwibedi, learned counsel for the petitioner that the present accused and the victim were in a relationship but after the former’s marriage was fixed, the report has been lodged by the latter and as such, it was a consensual relationship, hence, considering the same, the present accused should be allowed to go on bail. Recorded the objection of the State. From the FIR, the Court finds that the parties had been in a relationship and both are major and since the marriage between them could not materialize and the petitioner’s marriage was fixed, it was opposed and thereafter, the report was lodged by the informant. Considering the above facts and submissions of learned counsel for the respective parties and that such a relationship was for nearly five years allegedly on a false assurance of marriage, this Court, considering the same, though not granting pre-arrest bail to the petitioner but is of the view that he should surrender before the learned court below for being released 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 S.D.J.M., Rairakhol 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.54 of 2026 on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the 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 besides the following, such as, he shall not cause any harm to the victim/informant in any manner whatsoever, while on bail and to cooperate the I.O. in the investigation as and when summoned, if it is pending till date. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT