Orissa High Court
ABLAPL/10031/2026 of MD. ASHRAFUL @ ASRAFUL Vs STATE OF ODISHA on 3 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10031 of 2026 CNR No. ODHC010651982026 Md. Ashraful @ Asraful … Petitioner Mr. B. B. Routray, Advocate -versus- State of Odisha …. Opposite Party Mr. A . K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 03.09.2026 01. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10031 of 2026
CNR No. ODHC010651982026
Md. Ashraful @ Asraful …
Petitioner
Mr. B. B. Routray, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. A. K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
03.09.2026
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.1055 of 2024 pending on the file of learned S.D.J.M., Bonai, arising out of Lahunipada P.S. Case No.252 of 2024.
3. Admittedly, this is the second journey of the Petitioner to this Court.
4. The earlier bail application of the Petitioner was disposed of vide order dated 17.02.2025 in ABLAPL No.14509 of 2025 taking into account the nature of allegations and the punishment prescribed that the authorities will scrupulously follow the dictum of the Apex Court in the case of Arnesh Kumar vrs. State of Bihar & another, (2014) 8 SCC 273 and reiterated in the case of Satender Kumar Antil vrs. Central
Bureau of Investigation & another, reported in 2022 (10) SCC 51.
5. It is submitted by the learned counsel that while filing the charge sheet, the higher offences has been added, inasmuch as the charge sheet has been filed under Sections 296, 115(2), 351(3) and 64(2)(m) of BNS.
6. It is submitted by the learned counsel that in view of the nature of the allegations as borne out from the 183 Statement of the victim which is on record, the Petitioner may be protected by pre-arrest bail.
7. Learned counsel for the State opposes the prayer for pre-arrest bail.
8. Considering the rival submissions, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 20:09:40 Signature Not Verified