Banarani @ Bananrani Barik @ Banarani Barik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Banarani @ Bananrani Barik @ Banarani Barik Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; instead the Court issued directions: surrender before learned S.D.J.M., Keonjhar within one month; bail to be considered on merits in the first hour of the day; liberty to approach the higher forum in the second hour on the same day upon rejection; higher forum to endeavour same-day disposal with the case diary made available and the case record transmitted at the earliest.

Issue for consideration

Whether the Petitioner should be granted the exceptional remedy of pre-arrest bail in connection with G.R. Case No.175 of 2026 (arising out of Keonjhar Town P.S. Case No.96 of 2026) under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956. +1 more

Court's answer

Taking into account the nature of allegations and keeping in view the Petitioner's criminal antecedent, the Court was not inclined to entertain the application for granting the exceptional remedy of pre-arrest bail.

Ratio / Principle

The Court directed that the Petitioner may surrender before the learned S.D.J.M., Keonjhar in connection with the said case within one month from the date of the order.

Key takeaways

Upon the Petitioner's surrender and motion for bail, the learned S.D.J.M., Keonjhar was directed to consider the bail application on merits in the first hour of the day.ratio¶19
If the learned S.D.J.M., Keonjhar rejects the prayer for bail, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶20
On being so moved, the higher forum was requested to endeavour to dispose of the Petitioner's bail application on the same day; the case diary is to be made available to the concerned courts and the learned S.D.J.M., Keonjhar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of the bail application.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL - REFUSAL WITH STRUCTURED SURRENDER DIRECTIONS - IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (SS. 3-7): High Court of Orissa at Cuttack (V. Narasingh, J.), Order dated 07.05.2026 in ABLAPL No. 2247 of 2026. The Petitioner, named in Keonjhar Town P.S. Case No.96 of 2026 corresponding to G.R. Case No.175 of 2026 pending before the learned S.D.J.M., Keonjhar for offences under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956, and alleged to be running a racket of immoral trafficking with one similar criminal antecedent, sought pre-arrest bail during the currency of investigation. Counsel for the Petitioner contended that ex facie the offences were not made out as the alleged victim was more than the prescribed age limit; counsel for the State opposed the prayer during the currency of investigation. Taking into account the nature of allegations and keeping in view the criminal antecedent, the Court was not inclined to entertain the application for the exceptional remedy of pre-arrest bail. It directed surrender before the learned S.D.J.M., Keonjhar within one month, consideration of the bail application on merits in the first hour of the day, liberty to move the higher forum in the second hour on the same day in the event of rejection, an endeavour by the higher forum to dispose of the bail application the same day, and availability/transmission of the case diary to facilitate disposal. The ABLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2247 of 2026

Banarani @ Bananrani …. Petitioner Barik @ Banarani Barik

Mr. S.R. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. M.R. Mohanty, AGA

CORAM: JUSTICE V. NARASINGH

ORDER

07.05.2026

Order No.

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

02.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.175 of 2026 pending on the file of learned S.D.J.M., Keonjhar, arising out of Keonjhar Town P.S. Case NO.96 of 2026 for commission of offences punishable under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956.

The allegation against the present Petitioner is that he is running a racket of immoral trafficking.

It is submitted by the learned counsel for the Petitioner that ex facie the offences are not made out since the alleged victim is more than the prescribed age limit.

Learned counsel for the State opposes such prayer during the currency of investigation and the Petitioner has one criminal antecedent of similar nature.

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Taking into account the nature of allegations and keeping in view the criminal antecedent, this Court is not inclined to entertain the application for granting the exceptional remedy of pre-arrest bail. However, this Court directs that the Petitioner may surrender before the learned S.D.J.M., Keonjhar 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., Keonjhar 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., Keonjhar, 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 endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Keonjhar is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

The ABLAPL is accordingly disposed of. U.C.C. as per rules.

(V. NARASINGH) Judge

Signature Not Verified

Digitally SignedSoumya Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-May-2026 19:50:42

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