Soumya Ranjan Mohanty v. State of Odisha

Orissa HC23 Jul 2026ABLAPL/1898/2026

Case brief

AI extract

What is this about?

ABLAPL No.1898 of 2026; Soumya Ranjan Mohanty; pre-arrest bail / anticipatory bail not entertained; G.R. Case No.283 of 2026; Berhampur Town P.S. Case No.53 of 2026; SDJM Berhampur; Sections 69/351(2) of BNS, 2023; 183 statement of victim; consensual relationship given colour of offence; Satender Kumar Antil vrs. CBI (2022) 10 SCC 51; surrender and apply for bail before court in seisin; State of Odisha; Informant; High Court of Orissa at Cuttack; Justice V. Narasingh; order dated 23.07.2026; ABLAPL disposed of.

What did the court decide?

After perusing the material on record, including the 183 statement of the victim, and considering its tenor, this Court was not inclined to entertain the application for pre-arrest bail. ¶¶21

Soumya Ranjan Mohanty Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with G.R. Case No.283 of 2026 (Berhampur Town P.S. Case No.53 of 2026) for offences punishable under Sections 69/351(2) of BNS, 2023, given counsel's contention that a consensual relationship is being given the colour of an offence.

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Court's answer

After perusing the material on record, including the 183 statement of the victim, and considering its tenor, this Court was not inclined to entertain the application for pre-arrest bail.

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Ratio / Principle

The Petitioner remains free to surrender and move for bail before the court in seisin (SDJM, Berhampur); such application shall be considered on its own merit without being prejudiced by the order passed by this Court.

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Detailed headnote1 paragraphs

Pre-arrest bail — application not entertained. High Court of Orissa at Cuttack (V. Narasingh, J.), ABLAPL No.1898 of 2026, order dated 23.07.2026: Petitioner sought anticipatory bail in G.R. Case No.283 of 2026 pending before SDJM, Berhampur, arising out of Berhampur Town P.S. Case No.53 of 2026, for offences punishable under Sections 69/351(2) of BNS, 2023. Senior counsel for the Petitioner contended that a consensual relationship was being given the colour of an offence and relied on Satender Kumar Antil vrs. Central Bureau of Investigation & another, (2022) 10 SCC 51, submitting that parameters applicable to post-arrest bail apply in equal measure to pre-arrest bail; the State and the Informant opposed the prayer, the Informant urging construction in light of the new enactment. After perusing the material on record, including the 183 statement of the victim, and considering its tenor, the Court declined to entertain the pre-arrest bail application and disposed of the ABLAPL, directing that the Petitioner may surrender and seek bail before the trial court, to be considered on its own merit without prejudice from this Court's order.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.1898 of 2026

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Soumya Ranjan Mohanty

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Petitioner

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Mr.D.P. Dhal, Sr. Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr.S.Panigrahi, ASC

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Mr.R.Mohapatra, Advocate for Informant

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CORAM: JUSTICE V. NARASINGH

ORDER

23.07.2026

Order No.

07. 1. Heard Mr.D.P.Dhal, learned Sr. Advocate for the Petitioner, Mr.Panigrahi, learned counsel for the State and Mr.Mohapatra, learned counsel for the Informant.

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The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.283 of 2026 pending on the file of learned SDJM, Berhampur, arising out of Berhampur Town P.S. Case No.53 of 2026 for commission of offences punishable under Sections 69/351(2) of BNS, 2023.

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Mr.Dhal, learned Senior Counsel for the Petitioner, referring to the FIR and the materials on record, submits that a consensual relationship is being given the colour of an offence. Hence, the

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Petitioner is entitled to be released on pre-arrest bail. In this context, he also places reliance on the latest judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, (2022) 10 SCC 51 wherein the Apex Court has clarified that the parameters, which are applicable for grant of postarrest bail, apply in equal measure to an order seeking pre-arrest bail.

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Per contra, learned counsel for the State as well as Informant opposes the prayer for pre-arrest bail. It is submission of the learned counsel for the Informant that taking into account the societal demand, a new section has been added and this bail application has to be construed in the light of the new enactment.

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Considering the same, this Court perused the material on record including the 183 statement of the victim and considering the tenor thereof, this Court is not inclined to entertain this application for pre-arrest bail and. It is open for the Petitioner to surrender and move for bail before the Court in seisin, which shall be considered on own merit without being prejudiced by the order passed by this Court.

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Page 2 of 3

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Accordingly, the ABLAPL stand disposed of.

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(V. NARASINGH) Judge

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Basu

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: Addl. Dy. Registrar-cum-Addl. Principal Secy. Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 24-Jul-2026 10:48:36

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Soumya Ranjan Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Soumya Ranjan Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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