Kamaraju Tarei Vs State of Odisha

Heard learned counsel for the Petitioners and learned counsels for the State as well as informant. 3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.689 of 2025 pending on the file of learned J.M.F.C., Cog-1, Puri, arising out of Krushnaprasad P.S. Case No.214 of 2025 for commission of offences punishable under Sections 69/296/351(2)/3(5) of BNS, 2023.

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It is submitted by the learned counsel for the Petitioners in ABLAPL No.10072 of 2025 that they have been cited as accused only because they are the parents of the principal accused who is the Petitioner in ABLAPL No.10758 of 2025. 5. It is submitted by the learned counsel that admittedly there was a consensual relationship and merely because such relationship has become sour, allegations in an exaggerated manner have been made. Hence, while considering the anticipatory bail application of the Petitioner in ABLAPL No.10758 of 2025 the same ought to weigh with this Court and so far as the ABLAPL in respect of Petitioners in ABLAPL No.10072 of 2025 is concerned it is submitted that they have no complicity at all. Hence, the Petitioners may be protected by pre-arrest bail.

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Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail. 7. It is submitted by the learned counsel for the informant that the informant was duped into this relationship, hence, no leniency ought to be shown.

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He also submits that the parents of the Petitioner in ABLAPL No.10758 of 2025 have equal complicity in the matter.

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Considering the nature of allegations and perusal of the statement of the victim recorded under Section 183 of BNSS, this Court is not inclined to entertain the application for pre-arrest bail in respect of Petitioner in ABLAPL No.10758 of 2025. However, it is directed that the Petitioner in ABLAPL No.10758 of 2025 may surrender before the learned J.M.F.C., Cog1, Puri in connection with the aforementioned case within one month from today.

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In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Cog-1, Puri on merits, in the first hour of the day.

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In the event of rejection of the prayer for bail by the learned J.M.F.C., Cog-1, Puri, the Petitioner in ABLAPL No.10758 of 2025 is at liberty to move the higher forum for bail in the second hour on the same day.

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On being so moved, the higher forum is requested to make an endeavor to dispose of the bail

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application of the Petitioner in ABLAPL No.10758 of 2025 on the same day.

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The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner in ABLAPL No.10758 of 2025 and learned J.M.F.C., Cog-1, Puri 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.

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So far as the ABLAPL in respect of the Petitioners in ABLAPL No.10072 of 2025 is concerned, taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners in ABLAPL No.10072 of 2025 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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