Debabrata Debarapalli @ Debabrata Devarpalli @ Rinku Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Debabrata Debarapalli @ Debabrata Devarpalli @ Rinku Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail refused; Petitioner directed to surrender before the learned S.D.J.M., Rayagada within one month, with expedited same-day consideration of bail (first hour by the S.D.J.M.; second hour before the higher forum if rejected), case diary to be made available and case record transmitted to facilitate disposal.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with G.R. Case No.105 of 2025 (arising out of Chandili P.S. Case No.40 of 2025) for offences punishable under Sections 64(2)(m)/351(2) of the BNS, 2023.

Court's answer

This Court declined to entertain/grant the application for pre-arrest bail.

Ratio / Principle

The Petitioner was directed to surrender before the learned S.D.J.M., Rayagada in connection with the said case within one month.

Key takeaways

Upon surrender and motion for bail, the learned S.D.J.M., Rayagada is to consider the bail on merits in the first hour of the day.ratio¶22
If the learned S.D.J.M., Rayagada rejects the bail prayer, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶23
The higher forum, on being so moved, is requested to endeavour to dispose of the Petitioner's bail application on the same day on merit in accordance with law.

Detailed headnote1 paragraphs

Pre-arrest bail refused with structured surrender directions — ABLAPL No.2361 of 2025, High Court of Orissa at Cuttack (Justice V. Narasingh, order dated 16.07.2025). Petitioner Debabrata Debarapalli @ Debabrata Devarpalli @ Rinku sought anticipatory bail in G.R. Case No.105 of 2025 (Chandili P.S. Case No.40 of 2025) before the S.D.J.M., Rayagada for offences punishable under Sections 64(2)(m)/351(2) of the BNS, 2023; his counsel urged protection on the plea of a consensual relationship, which the State opposed. After perusing the victim's statement recorded under Section 183 BNSS, the Court declined pre-arrest bail but directed surrender within one month, merits-based consideration of bail by the S.D.J.M., Rayagada in the first hour, liberty to approach the higher forum in the second hour the same day upon rejection, a request to the higher forum for same-day disposal, availability of the case diary, and transmission of the case record. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2361 of 2025

Debabrata Debarapalli @ Debabrata Devarpalli @ Rinku

Petitioner

Mr. D. Sahoo, Advocate

-versus-

1. State of Odisha

…. Opposite Parties

2. Ketaki Majhi

Mr. S.K Lenka, ASC

CORAM: JUSTICE V. NARASINGH ORDER

16.07.2025

Order No.

02.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.105 of 2025 pending in the Court of learned S.D.J.M., Rayagada, arising out of Chandili P.S. Case No.40 of 2025 for commission of offence punishable under Sections 64(2)(m)/351(2) of the BNS, 2023.

Learned counsel for the Petitioner submits that, admittedly, the Petitioner had a relationship and this was consensual. Hence, the Petitioner may be protected by pre-arrest bail.

Learned counsel for the State opposes such prayer.

This Court perused the statement of the victim recorded under Section 183 BNSS.

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Considering the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned S.D.J.M., Rayagada 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 S.D.J.M., Rayagada on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned S.D.J.M., Rayagada, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. `

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Rayagada is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

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Accordingly, the ABLAPLs stand disposed of. 9. U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Jul-2025 20:02:43

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