Orissa High Court
ABLAPL/9845/2026 of PREMANANDA SETHY Vs STATE OF ODISHA on 28 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9845 of 2026 CNR No. ODHC010646702026 1. Premananda Sethy 2. Sribachha Kumar Mohanty 3. Babul Behera …. Petitioners Ms. D. Behuray, Advocate -versus- State of Odisha …. Opposite Party Mr. U.C. Jena, ASC CORAM: JUSTICE V. NARASINGH
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9845 of 2026
CNR No. ODHC010646702026
1. Premananda Sethy
2. Sribachha Kumar
Mohanty
3. Babul Behera
….
Petitioners
Ms. D. Behuray, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. U.C. Jena, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
28.08.2026
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.676 of 2026 pending on the file of learned SDJM, Hindol arising out of Balimi P.S. Case No.209 of 2026 for commission of offences punishable under Section 303(2) and 3(5) of BNS.
3. It is submitted by the learned counsel that the Petitioner No.1 has one criminal antecedent though not of similar nature and the Petitioner No.2 has no criminal antecedent and the Petitioner No.3 has five criminal antecedents and it is further stated that merely because the Petitioners have criminal antecedents, there is no embargo on consideration for their prayer for pre-arrest bail on merits.
4. Learned counsel for the State opposes the prayer during the currency of investigation.
5. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail in respect of the Petitioner No.3(Babul Behera). However, it is directed that the Petitioner No.3(Babul Behera) may surrender before the learned SDJM, Hindol 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 SDJM, Hindol on merits, in the first hour of the day.
In the event of rejection of the prayer for bail by the learned SDJM, Hindol, the Petitioner No.3(Babul Behera) is at liberty to move the higher forum for bail in the second hour on the same day.
6. On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner No.3(Babul Behera) on the same day on merit in accordance with law. `
The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner No.3(Babul Behera) and learned SDJM, Hindol is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.
Ground of Parity, if any, may be considered by the learned court (s) below.
7. So far as the Petitioner No.1 and 2 are concerned, taking into account the nature of allegations, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner No.1 and 2 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 in respect of Petitioner Nos. 1 and 2.
8. If the submission of the learned counsel for the Petitioners regarding criminal antecedent of the Petitioner Nos. 1 and 2 is found to be incorrect as stated hereinabove, this order shall not be given effect to.
9. It is further stated that the Petitioner Nos. 1 and 2 shall cooperate with the ongoing investigation.
10. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.
(V. NARASINGH)
Judge
Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2026 16:22:13 Signature Not Verified