Orissa High Court
ABLAPL/5022/2026 of SANJAYA CHALAN @ SANJAY CHALAN Vs STATE OF ODISHA on 25 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5022 of 2026 CNR No. ODHC010292082026 Sanjaya Chalan @ Sanjay Chalan …. Petitioner Mr. A . N. Pattanayak, Advocate -versus- State of Odisha …. Opposite Party Mr. C. R. Swain, AGA Mr. S. M. M. Dinabandhu, Advocate CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5022 of 2026
CNR No. ODHC010292082026
Sanjaya Chalan @
Sanjay Chalan
….
Petitioner
Mr. A. N. Pattanayak, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C. R. Swain, AGA
Mr. S. M. M. Dinabandhu, Advocate
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
25.08.2026
04.
1. None appears on behalf of the informant when the matter is called.
2. Heard learned counsel for the Petitioner and learned counsel for the State.
3. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.25 of 2026 pending on the file of learned Additional Sessions Judge- cumSpecial Court under POCSO Act, Jeypore, arising out of Padwa P.S. Case No.37 of 2026 for commission of offences punishable under Sections 65(1) of BNS read with Section 6 of POCSO Act, 2012.
4. It is submitted by the learned counsel that it is a consensual relationship being given the colour of criminality. Hence, the Petitioner may be protected by pre-arrest bail.
5. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground of maintainability.
6. This Court perused the statement of the victim recorded under Section 183 of BNSS.
7. Though mere reference to Section 65(1) of BNS cannot be embargo for this Court to entertain an application for pre-arrest bail in the factual matrix of the case at hand, this Court is persuaded to hold that prima facie the offence under Section 65(1) of BNS is made out.
8. In view of the same, the present ABLAPL is held to be not maintainable in terms of Section 482(4) of BNS.
9. It shall be open for the Petitioner to take recourse in accordance with law.
10. Accordingly, the ABLAPL stands disposed of.
11. Interim order stands vacated.
(V. NARASINGH)
Judge
Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2026 12:01:31 Signature Not Verified