Debjani Mohanty Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Debjani Mohanty Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

Application not pressed; liberty granted to surrender before the learned court in seisin within three weeks and move an application for bail, with a direction that on such surrender the Petitioner shall be released on bail on terms deemed just and proper by the Magistrate, conditional on verification of her criminal antecedent and the injury report, failing which the order automatically revokes.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 of the B.N.S.S., 2023 in respect of offences under Sections 296(b)/115(2)/351(3)/3(5) BNS, 2023 r/w Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, arising out of Chauliaganj P.S. Case No.199 of 2026.

Court's answer

In view of the Petitioner's submission not to press the bail application, the Court permitted her to surrender before the learned court in seisin over the matter within three weeks and to move an application for bail; in such eventuality, the court in seisin shall release her on bail subject to such terms and conditions as the learned Magistrate may deem just and proper, violation of which shall entail cancellation.

Ratio / Principle

The bail to be granted is subject to verification of the Petitioner's criminal antecedent and the injury report; if the Petitioner has any criminal antecedent or the injured has sustained any grievous injury, the order shall stand automatically revoked.

Detailed headnote1 paragraphs

Anticipatory Bail — application under S. 482 B.N.S.S., 2023 for offences under Ss. 296(b)/115(2)/351(3)/3(5) BNS, 2023 r/w S. 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Chauliaganj P.S. Case No.199 of 2026 / G.R. Case No.564 of 2026, J.M.F.C. Cog-4, Cuttack) — application not pressed by the Petitioner — Petitioner permitted to surrender within three weeks and move for regular bail, whereupon the court in seisin to release her on bail on terms fixed by the Magistrate — bail conditional on verification of criminal antecedent and injury report; order to stand automatically revoked if any antecedent exists or the injured sustained grievous injury — merits of anticipatory bail not adjudicated.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4821 of 2026

Debjani Mohanty

..... Petitioner

Represented by Adv. - Alok Kumar Mohapatra

-versus-

State of Odisha

..... Opposite Party

Represented by Adv. - Smt. S.Nayak, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.05.2026

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. Perused the Anticipatory Bail Application as well as the F.I.R.

This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296(b)/115(2)/351(3)/3(5) BNS, 2023 r/w Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in G.R. Case No.564 of 2026 in the Court of learned J.M.F.C Cog-4, Cuttack arising out of Chauliaganj P.S. Case No.199 of 2026, dated 17.04.2026.

Learned counsel for the Petitioner, at the outset, submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an

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application for bail.

Considering such submissions, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall release the Petitioner on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioner shall be subject to the verification of her criminal antecedent and the injury report. In the event, the Petitioner is having any criminal antecedent or the injured has sustained any grievous injury, then this order shall stand automatically revoked.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

(A.K. Mohapatra) Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 07-May-2026 13:56:15