Orissa High Court
ABLAPL/10321/2026 of AKSHAY NAYAK Vs STATE OF ODISHA on 10 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10321 of 2026 CNR No.ODHC010682722026 Akshay Nayak …. Petitioner Mr.Jyotirmaya Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr.A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 10.09.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10321 of 2026
CNR No.ODHC010682722026
Akshay Nayak
….
Petitioner
Mr.Jyotirmaya Sahoo, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr.A.K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
10.09.2026
01.
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.904 of 2026 arising out of Industrial Estate P.S. Case No.203 of 2026 pending on the file of learned S.D.J.M., Khurda, for commission of offences punishable under Sections 126(2)/115(2)/ 118(2)/109/3(5) of the BNS, 2023
3. This is the second journey of the Petitioner to this Court. He was Petitioner No.2 in the earlier bail pre- arrest bail application, i.e., ABLAPL No.9451 of 2026 and by order dated 18.08.2026, it was directed that on verification of the criminal antecedent and the nature of injury, he shall be released on bail. Since the injury turned to be grievous, the Petitioner has approached this Court. It is his submission that the accused person to whom the overt act has been attributed, has since been released on bail after being taken to custody.
4. In such view of the matter, the Petitioner seeks pre-arrest bail.
5. Learned counsel for the State opposes such prayer for pre-arrest bail.
6. Taking into account the nature of allegations, this Court is not inclined to entertain this application of the Petitioner for pre-arrest bail. However, it is directed that he may surrender before the learned S.D.J.M., Khurda, in connection with the aforementioned case within one month from today.
7. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Khurda, on merits, in the first hour of the day.
8. In the event of rejection of the prayer for bail by the learned S.D.J.M., Khurda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
9. 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.
10. 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.,
Khurda, 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 question of parity, if so urged, shall be taken into account.
11. The Court below is requested to verify the criminal antecedents of the Petitioner and if it comes to the fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to.
12. The ABLAPL is accordingly disposed of.
(V. Narasingh)
Judge Basu Digitally Signed Signed by: BASUDEV NAYAK Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 12-Sep-2026 17:15:44 Signature Not Verified