Orissa High Court
ABLAPL/4897/2026 of RAJKISHORE SWAIN Vs STATE OF ODISHA on 29 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4897 of 2026 CNR No. ODHC010302452026 Rajkishore Swain …. Petitioner Mr.A.S. Paul, Petitioner -versus- State of Odisha & another …. Opposite Parties Mr.C.R.Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.08.2026 03.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4897 of 2026
CNR No. ODHC010302452026
Rajkishore Swain
….
Petitioner
Mr.A.S. Paul, Petitioner
-versus-
State of Odisha & another
…. Opposite Parties
Mr.C.R.Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
29.08.2026
03.
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.441 of 2024, arising out Bonth P.S. Case No.35 of 2024 pending on the file of learned S.D.J.M., Bhadrak for commission of offences punishable under Sections 376(2)(n) of the IPC.
3. Counsel for the Petitioner submits that it is a case of false implication and as the charge sheet, in the case, has been submitted, there is no need of further custodial interrogation of the Petitioner. Hence, the Petitioner may be protected by pre-arrest bail.
4. Learned counsel for the State, while opposing the prayer for pre-arrest bail, brings to the notice of this
Court that the charge sheet has been submitted citing the Petitioner as an absconder.
5. Considering the rival submission and on going through the statement of the victim recorded under section 183 of the BNSS, 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., Bhadrak in connection with the aforementioned case within one month from today.
6. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Bhadrak on merits, in the first hour of the day.
7. In the event of rejection of the prayer for bail by the learned S.D.J.M., Bhadrak the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
8. 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.
9. 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., Bhadrak is called upon to transmit the case record to the
higher forum at the earliest in the event of rejection of such bail application.
10. 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: 31-Aug-2026 19:06:32 Signature Not Verified