Orissa High Court
ABLAPL/9668/2026 of RAJESH BEHERA @ CHENGA Vs STATE OF ODISHA on 21 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9668 of 2026 CNR No. ODHC010607172026 Rajesh Behera @ Chenga …. Petitioner Mr. P.K. Nanda, Advocate -versus- 1. State of Odisha 2. Victim …. Opposite Parties Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9668 of 2026
CNR No. ODHC010607172026
Rajesh Behera @
Chenga
….
Petitioner
Mr. P.K. Nanda, Advocate
-versus-
1. State of Odisha
2. Victim
….
Opposite Parties
Mr. A.K. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
21.08.2026
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.588 of 2025 pending on the file of the learned Additional Sessions Judge- Cum-Special Judge (POCSO), Bhubaneswar in the district of Khurda arising out of Badagada P.S. Case No.556 of for commission of offences punishable under Section 363/506/34 of IPC read with Section 17 of POCSO Act.
3. It is submitted by the learned counsel for the Petitioner that since charge sheet in the case at hand has already been filed and the Petitioner has not been cited as an accused, he may be protected by pre- arrest bail.
4. Learned counsel for the State opposes the prayer for pre-arrest bail.
5. This Court perused the recitals in the charge sheet as well as in the FIR.
6. Admittedly the Petitioner is a named accused and the charge sheet clearly reveals that investigation has been kept open clearly for arrest of the absconding accused.
7. Considering the nature of allegation and the tenor of the statement of the victim as borne out from the FIR, this Court is not inclined to entertain this application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.
Ground of parity, if any, may be considered by the learned court(s) below.
8. It is needless to state that observations made herein are only for the purpose of considering the application for pre-arrest bail of the Petitioner and that ought not to be understood as this Court expressing any view regarding the complicity of the Petitioner which has to be gone into in an independent manner in the ongoing probe.
9. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Aug-2026 19:11:43 Signature Not Verified