ABLAPL/7552/2026 of RAMA CHANDRA BEHERA Vs STATE OF ODISHA on 1 September 2026

ORDER

01.09.2026

03. 1. Learned counsel Mr. Mohapatra & Associates have entered appearance on behalf of the Informant. The vakalatnama is taken on record.

Name of learned counsel Mr. Mohapatra & Associates appearing for the Informant be reflected in the file, cause list as well as Web Portal of this Court.

2. Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.

3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.332 of 2026 pending on the file of learned J.M.F.C., Baramba, arising out of Baramba P.S. Case. No.226 of 2026, for commission of offences punishable under Sections 85, 74, 76, 115(2), 3(5), 351(2) of BNS, 2023.

4. Learned counsel for the Petitioners submits that the alleged occurrence in the case at hand is over the period from 17.03.2026 to 11.06.2026.

5. Reference is made to a compromise inter se between the parties which has been reflected in the additional affidavit indicating that on 21.03.2026 there was a settlement between the parties and the allegations made have to be considered in the light of the said compromise.

6. Per contra, learned counsel for the State as well as Informant oppose the prayer for pre-arrest bail and submits that so far as compromise is concerned, the same cannot dilute the allegations as made. Hence, no credence should be attached to the submission that being miffed with the compromise the Informant has made the false accusation.

7. Though the intervening compromise cannot be ignored from the purview of examination relating to the accusation made, this Court takes note of the statement of one of the neighbors who is a lady which prima facie lends credence to the allegations made in the statement of the victim recorded under Section 183 of BNSS.

8. On a perspicuous analysis of the materials on record and taking into account that the Petitioner No.1 is the father-in-law and the informant is the daughter-in-law has lost her husband and is at present, post occurrence is staying in her parental house, this Court is not inclined to entertain the ABLAPL in respect of the Petitioner No.1.

However, it is directed that the Petitioner No.1 (Rama Chandra Behera) may surrender before the learned J.M.F.C., Baramba 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 J.M.F.C., Baramba on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Baramba, Petitioner No.1 is at liberty to move the higher forum for bail in the second hour on the same day.

9. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.1 on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of Petitioner No.1 and learned J.M.F.C.,

Baramba is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below.

10. So far as Petitioner Nos.2 to 5 are concerned, taking into account the nature of allegation, this Court directs that on surrendering within three weeks hence and moving for bail, Petitioner Nos.2 to 5 (Gudi @ Smruti Shubhadarshinee, Kunu @ Mamata Madhubhashini Sahoo, Nabeen Kumar & Chunu Singdha Subasini Sahoo) respectively shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

11. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

12. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

(V. NARASINGH)

Judge

Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 19:15:09 Signature Not Verified