Orissa High Court
ABLAPL/8584/2026 of PRAKASH TAPE Vs STATE OF ODISHA on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8584 of 2026 CNR No. ODHC010530152026 Prakash Tape …. Petitioner Mr. R. K. Sarangi, Advocate -versus- State of Odisha …. Opposite Party Mr. U. C. Jena, ASC Mr. B. Tripathy, Advocate (Informant) CORAM: JUSTICE V. NARASINGH Order
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8584 of 2026
CNR No. ODHC010530152026
Prakash Tape
….
Petitioner
Mr. R. K. Sarangi, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U. C. Jena, ASC
Mr. B. Tripathy, Advocate
(Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
08.09.2026
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.1174 of 2026 pending in the Court of learned JMFC, Jajpur, arising out of Kalinganagar (Duburi) P.S. Case No.188 of 2026 for commission of offence punishable under Sections 64(2)(m), 69, 115(2), 296 and 3(5) of BNS, 2023.
3. It is submitted by the learned counsel that a consensual relationship in which the Petitioner and the informant virtually stayed as husband and wife, is being given the colour of criminality since the relationship did not fructify into matrimony.
4. It is further submitted by the learned counsel that since the informant had attained the age of discretion, the allegations as made have to be viewed in the same light.
5. Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail.
6. This Court perused the statement of the victim recorded under Section 183 of BNSS.
7. Considering the same and the manner in which the dignity of the victim has been marginalized, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned JMFC, Jajpur in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned JMFC, Jajpur on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned JMFC, Jajpur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Jajpur is called upon to transmit the case record to the
higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
9. Accordingly, the ABLAPL stands disposed of.
10. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina
Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2026 18:49:39 Signature Not Verified