Orissa High Court
ABLAPL/9890/2026 of RAKESH KUMAR SETHY Vs STATE OF ODISHA on 1 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9890 of 2026 CNR No. ODHC010650192026 Rakesh Kumar Sethy …. Petitioner Mr. S.K. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.09.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9890 of 2026
CNR No. ODHC010650192026
Rakesh Kumar Sethy
….
Petitioner
Mr. S.K. Dash, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
01.09.2026
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.1248 of 2026 pending on the file of learned J.M.F.C.(R)(cog.) Berhampur, arising out of Gopalpur P.S. Case No.371 of 2026 for commission of offences punishable under Section 303(2)/3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioner that the basis of implication is on account of the co-accused statement and the Petitioner is an easy prey for being implicated in the case because of his criminal proclivity. Hence, that ought not to weigh with this Court in considering his prayer for pre-arrest bail on merits.
4. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that no indulgence should be shown because of the antecedent.
5. Taking into account the nature of allegation, the punishment prescribed and the manner of implication, 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 subject to verification of not more than one criminal antecedent.
6. If it comes to the fore that the Petitioner has more than one criminal antecedent, this order shall not be given effect to.
7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
8. Accordingly, the ABLAPL stands disposed of.
9. U.C.C. as per rules.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 19:42:56 Signature Not Verified