Orissa High Court
ABLAPL/9782/2026 of RAJESH BEHERA Vs STATE OF ODISHA on 28 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9782 of 2026 CNR No. ODHC010621002026 Rajesh Behera … Petitioner Mr. B. Dalai, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.08.2026 01. 1. Heard learned
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9782 of 2026
CNR No. ODHC010621002026
Rajesh Behera
…
Petitioner
Mr. B. Dalai, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
28.08.2026
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.362 of 2026 pending on the file of learned JMFC, Salepur arising out of Salepur P.S. Case No.373 of 2026 for commission of offences punishable under Sections 78/351(2) of BNS, 2023 read with Sections 66(E), 67 and 67(A) of the IT Act.
3. It is submitted by the learned counsel that because of the nature of the allegations, the Petitioner ought not to be incarcerated.
4. Learned counsel for the State opposes the prayer for pre-arrest bail.
5. This Court perused the statement of the victim recorded under Section 183 of BNSS.
6. Considering the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned JMFC, Salepur in connection with the aforementioned case within one month from today.
In the event of his surrender and motion for bail, the same be considered by the learned JMFC, Salepur on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned JMFC, Salepur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
7. 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.
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Salepur is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him.
Ground of parity, if any, may be considered by the learned court(s) below.
8. Accordingly, the ABLAPL stands disposed of.
9. U.C.C. as per rules.
(V. NARASINGH)
Judge
Jina Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2026 17:41:38 Signature Not Verified