Mrutunjay Nayak Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Mrutunjay Nayak Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release by the Arresting Officer subject to verification of criminal antecedents of similar nature, cooperation with investigation and appearance before the I.O. as and when required; violation of any condition to entail cancellation of bail. With this observation, the ABLAPL is disposed of.

Issue for consideration

Whether the petitioner is entitled to anticipatory (pre-arrest) bail in connection with Tomaka P.S. Case No.32 of 2026 / C.T. Case No.439 of 2026 alleging offences under Sections 137(2) of B.N.S., 2023. +1 more

Court's answer

Regard being had to the nature of the allegation and the victim's statement, the Court granted anticipatory bail: in the event of arrest, the petitioner shall be released by the Arresting Officer subject to verification of criminal antecedents of similar nature.

Ratio / Principle

Release is further conditioned on the petitioner cooperating with the investigation and appearing before the I.O. as and when his presence is required; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.3918 of 2026, decided 21.05.2026 (Justice Sibo Sankar Mishra) - Anticipatory bail granted to the petitioner named in Tomaka P.S. Case No.32 of 2026 (C.T. Case No.439 of 2026) alleging offences under Sections 137(2) of B.N.S., 2023 (enticement of the informant's minor daughter with intention to marry), pending before the learned J.M.F.C., Jajpur Road. Interim protection had been granted on 29.04.2026. The victim's statement recorded under Section 183 of B.N.S.S. disclosed that she left home of her own free will after being scolded over poor Mathematics marks, and that no one had kidnapped her. Regard being had to the nature of the allegation and the victim's statement, the Court directed that in the event of arrest the petitioner be released by the Arresting Officer subject to verification of criminal antecedents of similar nature, cooperation with investigation and appearance before the I.O. as and when required; violation of any condition to entail cancellation of bail. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3918 of 2026

Mrutunjay Nayak

…. Petitioner(s)

Mr. Soubhagya Kumar Dash, Advocate

-versus-

State of Odisha

…. Opposite Party(s)

Mr. Partha Sarathi Nayak, AGA

CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

1. Heard.

21.05.2026

2. The petitioner is seeking pre-arrest bail in

connection with Tomaka P.S. Case No.32 of 2026 corresponding to C.T. Case No.439 of 2026 registered on the allegation of the offences under Sections 137(2) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Jajpur Road.

3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of

the petitioner is pending in any other Court relating to

the aforesaid F.I.R.

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4. The prosecution case, in brief, is that the informant lodged an F.I.R. before the Tomaka Police Station inter-alia alleging therein that his minor daughter, who was studying in +2 second year, had returned to the village on 12.03.2026 after completion of her examination. It is alleged that she used to attend her college daily by bicycle through Pathapada village. On 13.03.2026 at about 1:00 A.M., she allegedly fled away from the house. Subsequently, the informant came to know that the present petitioner had allegedly enticed away his daughter with the intention of marrying her, which led to the lodging of the present F.I.R.

5. On 29.04.2026, this Court, while granting

interim protection to the petitioner, directed the learned counsel for the State to obtain the up-to-date case diary, which has been produced in Court today. It appears from the case diary that during investigation, the statement of the victim under Section 183 of B.N.S.S. was recorded. She in her statement has inter

alia stated that she had secured less marks in

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Mathematics in the +2 examination, for which her father scolded her and asked her to leave the house.

Being frightened, she left the house and went to the residence of her uncle, namely, Pradip Kumar Sahu. Thereafter, she came to know that her family members had lodged a case at the police station alleging that she had been kidnapped. She further stated that no one had kidnapped her and that she had left the house of her own free will.

6. Regard being had to the nature of allegation against the petitioner and the statement of the victim, I am inclined to grant the petitioner on anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation. Violation of

any of the conditions shall entail cancellation of bail.

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7. With this observation, the ABLAPL is disposed

of.

(S.S. Mishra) Judge

Swarna

Signature Not Verified

Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 25-May-2026 18:38:22

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