Kamal Lochan Jena & Anr. v. State of Odisha

Represented By Adv. – Mr. P.C. Jena Opposite Party Represented By Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioners as well as learned Additional Government Advocate appearing for the State-Opposite Party.

The present application has been filed under Section 438 of Cr.P.C. read with Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Cuttack Mahila P.S. Case No.83 of 2024, corresponding to G.R. Case No.336 of 2024, pending in the court of learned S.D.J.M.(S), Cuttack, registered for alleged commission of offences punishable under Sections 498- A/294/323/506/341/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961.

It is stated by the learned counsel for the Petitioners that the Page 1 of 1. Petitioners are parents-in-law of the victim. He further contended that there is no allegation of any torture against the present Petitioners. He further submitted that they have falsely implicated in the present case at the instant of the Informant. He further submitted that the Petitioners do not have any criminal antecedent and that they belong to the locality, therefore, there is no chance of their absconding. On such ground, learned counsel for the Petitioners submitted that the Petitioners be released on pre-arrest bail on any stringent terms and conditions.

Learned counsel for the State, on the other hand, objected to the release of the Petitioners on pre-arrest bail on the ground that investigation is still on and that in the event the Petitioners are released on bail, there is every likelihood that they might abscond from justice which would cause delay in conclusion of the investigation.

Considering the submissions made by the learned counsel for the respective parties and the materials placed before the Court, it is directed that in the event of arrest of the Petitioners by the Arresting Officer in the aforesaid case, Petitioners shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Officer.

Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Page 2 of 2.