Orissa High Court
ABLAPL/14991/2025 of K.BASANTA Vs STATE OF ODISHA on 18 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14991 of 2025 CNR No. ODHC010949792025 K. Basanta …. Petitioner Mr.Debasish Patnaik, Advocate -versus- State of Odisha & another …. Opposite Parties Mr.S. Panigrahi, ASC Mr.R.K.Mahapatra, Advocate for O.P.2 CORAM: JUSTICE V.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14991 of 2025
CNR No. ODHC010949792025
K. Basanta
….
Petitioner
Mr.Debasish Patnaik, Advocate
-versus-
State of Odisha &
another
….
Opposite Parties
Mr.S. Panigrahi, ASC
Mr.R.K.Mahapatra, Advocate for O.P.2
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
18.08.2026
04.
1. Heard learned counsel for the Petitioner, learned counsel for the State as well as for the Informant.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.159 of 2025, arising out Jarada P.S. Case No.313 of 2025 pending on the file of learned Additional District Judge-cum-Special Judge, Berhampur for commission of offences punishable under Section 126(2)/65(1)/78(1)/(i)/ 109/115(2)/85/351(3)/3(5) of BNS, 2023 read with section 4 of D.P. Act and section 4(2) of POCSO (Amendment).
3. In the case at hand, charge sheet has been submitted inter alia for commission of offence under section 65(1)/351(3)/332(b)/64(2)(m) of BNS and read with section 6 of POCSO Act. It is submitted by the learned counsel for the Petitioner that the Informant had earlier filed another FIR, which has resulted into registration of Jarada P.S. Case No.242 of 2025 under section 85/296(b)/115(2)/351(3)/3(5) of BNS and referring to the same, it is stated that in the said FIR, she has described the present Petitioner as her husband.
4. In view of the same, it is submitted that the ex facie allegations are untenable.
5. Such submission is opposed by the learned counsel for the State as well as Informant.
6. This Court perused the statement of the victim recorded under section 183 of the BNSS.
7. Considered the tenor of the statement of the victim and perused the provisions as contained in 482
(4) of the BNSS, which reads as under: “(4)Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.”
8. In view of the above, this Court finds that the application for pre-arrest bail is not maintainable and accordingly, the same is rejected.
9. In view of the rejection of the ABLAPL, the interim order dated 18.05.2026 stands vacated.
(V. NARASINGH)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: Addl. Dy. Registrar-cum-Addl. Principal Secy. Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 20-Aug-2026 10:43:01 Signature Not Verified