Orissa High Court
ABLAPL/8452/2026 of SARBESWAR NAYAK Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8452 of 2026 CNR No. ODHC010509642026 Sarbeswar Nayak …. Petitioner Mr. S. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.09.2026 02. 1. Learned
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8452 of 2026
CNR No. ODHC010509642026
Sarbeswar Nayak
….
Petitioner
Mr. S. Dash, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
01.09.2026
02. 1. Learned counsel for the State, on instruction, submits that notice has been served on the informant through the I.O.
2. There is no appearance on behalf of the informant.
3. Heard learned counsel for the Petitioner and learned counsel for the State.
4. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.1119 of 2026 pending on the file of learned J.M.F.C.-V, Bhubaneswar, arising out of Bharatpur P.S. Case No.373 of 2026 for commission of offences punishable under Section 318(4)/3(5) of BNS.
5. The allegation against the Petitioner is of duping the informant to believe that they have title to a land and selling it to her, though the land in question is a government land.
6. It is the submission of the learned counsel that the allegation against the Petitioner even if the entire prosecution case is accepted at its face value is that of a facilitator and the principle accused is one Sanatana to whose account there has been money trail.
7. It is stated that the Petitioner does not have any criminal proclivity.
8. Learned counsel for the State opposes the prayer for pre-arrest bail.
9. Taking into account the nature of allegation and the submissions made, 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 criminal antecedent of similar nature.
10. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.
11. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
12. Accordingly, the ABLAPL stands disposed of.
13. 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 19:42:55 Signature Not Verified