Case brief
What is this about?
Orissa High Court, Cuttack; ABLAPL No.258 of 2025; Chandan Dandapat v. State of Odisha; order dated 10.01.2025 by Justice Aditya Kumar Mohapatra; anticipatory/pre-arrest bail; maintainability of anticipatory bail where no F.I.R. registered; apprehended accusation under Section 85 of B.N.S., 2023 by wife Krishnarani Dandapat; Jaleswar Police Station, Balasore; direction to Arresting Officer to explore Section 35(3)(4)(5) of B.N.S.S., 2023 procedure per Arnesh Kumar vrs. State Bihar and another, (2014) 8 SCC 273 before arrest; application disposed of.
What did the court decide?
No pre-arrest bail granted; the ABLAPL was disposed of as not maintainable, with a direction that if an F.I.R. under Section 85 of B.N.S., 2023 is lodged, the Arresting Officer shall first explore the procedure of Section 35(3)(4)(5) of B.N.S.S., 2023 per Arnesh Kumar before arresting the Petitioner.