Orissa High Court
ABLAPL/5655/2026 of ASHOK RATH Vs STATE OF ODISHA on 21 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5655 of 2026 CNR No. ODHC010375842026 1. Ashok Rath 2. Dillip Rath …. Petitioners Mr. S.K. Acharya, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.08.2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5655 of 2026
CNR No. ODHC010375842026
1. Ashok Rath
2. Dillip Rath
….
Petitioners
Mr. S.K. Acharya, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S.K. Lenka, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
21.08.2026
02. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.427 of 2026 pending on the file of learned S.D.J.M., Bhubaneswar, Khurda, arising out of Kharabela Nagar P.S. Case No.121 of 2026 for commission of offences punishable under Section 296/ 308(3)/ 191(2)/ 115(2)/ 191(3)/ 109(1)/ 304(2)/ 61(2)/ 190 BNS.
3. During the course of hearing, learned counsel for the State, on instruction, submits that in the meanwhile the Investigating Agency has resorted to the provisions contained in Section 35(3) of the BNSS, since the charge sheet does not contain allegation relating to the offence under Section 109 of BNS.
4. In view of the same, since there is no perceptible threat of arrest, the ABLAPL stands disposed of.
5. Liberty is granted to the Petitioners to renew their prayer, if there is any fresh cause of action.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2026 19:22:42 Signature Not Verified