Disposed¶20

Sunil Behera v. State of Odisha

Orissa HC21 Apr 2025ABLAPL/970/2025

Case brief

AI extract

What is this about?

Sunil Behera v. State of Odisha; ABLAPL No.970 of 2025; Orissa High Court at Cuttack; Justice V. Narasingh; order dated 21.04.2025; pre-arrest/anticipatory bail; Sections 376(2)(n)/294/506/34 IPC; C.T Case No.1655 of 2024; Khaira P.S. Case No.253 of 2024; J.M.F.C., Soro; victim affidavit; consensual relationship; release on bail on surrender within three weeks; verification of challenge before Apex Court; disposed of.

What did the court decide?

Direction to release the Petitioner on bail upon surrender within three weeks and moving for bail, on such terms as deemed just and proper by the learned Court in seisin, subject to verification of any challenge to this order before the Apex Court. ¶20

Sunil Behera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with C.T Case No.1655 of 2024 (arising out of Khaira P.S. Case No.253 of 2024) for offences punishable under Sections 376(2)(n)/294/506/34 IPC.

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Court's answer

Proceeding on the victim's affidavit recording that she was in a consensual relationship with the Petitioner ('In view of the same'), the Court granted the bail direction.

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Ratio / Principle

On surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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Key takeaways

Before releasing the Petitioner, the learned Court in seisin shall verify whether the order of this Court has been assailed before the Apex Court and, if so, the result thereof.ratio¶19

Detailed headnote1 paragraphs

Orissa High Court (V. Narasingh, J.), by order dated 21.04.2025, disposed of ABLAPL No.970 of 2025 filed by Sunil Behera seeking pre-arrest bail in connection with C.T Case No.1655 of 2024, arising out of Khaira P.S. Case No.253 of 2024, for offences punishable under Sections 376(2)(n)/294/506/34 IPC pending before the learned J.M.F.C., Soro. Taking note of the affidavit of the victim (aged about 25 years) stating that she was in a consensual relationship with the Petitioner, the Court directed that on surrendering within three weeks and moving for bail, the Petitioner be released on bail by the learned Court in seisin on such terms as deemed just and proper; before releasing, the Court in seisin was also to verify whether the order had been assailed before the Apex Court and the result thereof. The Informant was represented by Mr. S.K. Dash, Advocate, and the State by Mr. C.R. Swain, AGA.

Sunil Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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