Muna Singh Vs State of Odisha

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Chandaka P.S. Case No.14 of 2026 corresponding to G.R. Case No.58 of 2026 pending in the file of learned J.M.F.C. (O), Bhubaneswar on the grounds stated therein.

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Perused the F.I.R. as at Annexure-1. It is submitted that the alleged incident took place between the parties after a quarrel between them. It is further submitted that the petitioners do not have any past antecedents. It is claimed that the informant has not received any injury either. In so far as the offence under Section 74 BNS is concerned, learned counsel for the petitioners submits that such mischief has been committed during and in course of the alleged incident. Recorded the objection of the State. Considering the

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circumstances under which the alleged incident took place and even though there has been allegation of forcibly removing cash of Rs.16,000/- and some odd from the informant and the fact that both sides are known to each other and belong to one village and that the alleged mischief regarding outraging of modesty has taken place in course of events apparently without any real intentions, this Court, recording the claim that none is having any antecedent, is of the view that the petitioners should instead be directed to surrender before the learned court below and released on bail with stringent conditions.

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Accordingly, it is ordered.

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In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned J.M.F.C. (O), Bhubaneswar within a fortnight from today, the petitioners shall be released on bail in connection with Chandaka P.S. Case No.14 of 2026 corresponding to G.R. Case No.58 of 2026 subject to them furnishing bail bonds of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not commit any further mischief involving the informant and cause any harm or injury to him in any manner, whatsoever, while on bail and to co-operate the

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I.O. in the investigation and to attend the P.S. without default as and when summoned.

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