Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2078 of 2025
Jayanta Kumar Jena …. Petitioner
Mr. L.N. Rayatsingh, Advocate
-Versus-
State of Odisha & another …. Opposite Parties
Mr. S.K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 18.05.2026
05. 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 Badagad P.S. Case No.12 of 2025 corresponding to C.T. Case No.23 of 2025 pending in the file of learned J.M.F.C.(IV), Bhubaneswar on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Referring to the complaint in ICC Case No.4281 of 2016 as at Annexure-2, it is submitted by the learned counsel for the petitioner that no such allegation of rape is alleged against the petitioner and it is disclosed for the first time in the FIR. The further submission is that the incident is of the year 2010 and the FIR is lodged in 2025 after fifteen years and the allegation of mischief against the petitioner is false, hence, considering the same, he should be allowed to go on bail with any conditions. 4. Recorded the objection of the State. Page 2 of 2
5. No one appears for the informant, who was issued with notice by the Court’s order dated 29th April, 2025. Learned ASC for the State submits that notice on the informant has been served. This Court, considering the FIR and the allegation therein and the fact that rape is alleged having taken place in 2010 and the complaint is filed by the victim in 2016 against the petitioner and three others and the reason behind it, is inclined to direct the petitioner to surrender before the learned court below for being released with conditions imposed though his pre-arrest bail plea is not entertained. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders before the learned J.M.F.C.(IV), Bhubaneswar in connection with Badagad P.S. Case No.12 of 2025 corresponding to C.T. Case No.23 of 2025 within a fortnight from today, he shall be released on bail subject to him furnishing a bail bond of Rs.30,000/- (Rupees thirty 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. 8. Issue urgent certified copy as per rules.
[
(R.K. Pattanaik) Judge
Alok