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

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

What the court decided

AI extract

Outcome

Liberty to surrender before the learned court in seisin over the matter within three weeks and move an application for bail; on surrender, release on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to verification of the Petitioner's criminal antecedents and the injury report, failing which the order stands automatically revoked.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 of the B.N.S.S., 2023 in G.R. Case No.564 of 2026 for offences 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.

Court's answer

On the Petitioner's submission that she does not want to press the anticipatory bail application, she is permitted to surrender before the learned court in seisin over the matter within three weeks from the date of the order and move an application for bail.

Ratio / Principle

Upon such surrender, the learned court in seisin shall release the Petitioner on bail subject to such terms and conditions as the learned Magistrate may deem just and proper; violation of any term or condition shall entail cancellation of bail.

Key takeaways

The bail is further 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 grievous injury, the order shall stand automatically revoked.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail under S. 482 BNSS, 2023 — 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) — Petitioner did not press the ABLAPL and sought liberty to surrender — permitted to surrender within three weeks and move for bail; on surrender, the court in seisin to release her on bail on such terms as the learned Magistrate deems just and proper — bail subject to verification of criminal antecedents and the injury report, with automatic revocation if any criminal antecedent exists or the injured sustained grievous injury — ABLAPL disposed of accordingly (Orissa High Court, 04.05.2026, Aditya Kumar Mohapatra, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4840 of 2026

Debasreeta 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

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liberty to surrender before the court below and move an 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 13:56:16