Orissa High Court
ABLAPL/9003/2026 of PRASANTA SETHY Vs STATE OF ODISHA on 17 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9003 of 2026 CNR No. ODHC010568162026 1. Parasanta Sethy 2. Susanta Sethy 3. Bibhuti Sethy …. Petitioners Mr. D.K. Sahoo, Advocate -versus- 1. State of Odisha 2. Informant …. Opposite Parties Mr. C.R. Swain, AGA Mr. H.R. Dash,
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9003 of 2026
CNR No. ODHC010568162026
1. Parasanta Sethy
2. Susanta Sethy
3. Bibhuti Sethy
….
Petitioners
Mr. D.K. Sahoo, Advocate
-versus-
1. State of Odisha
2. Informant
…. Opposite Parties
Mr. C.R. Swain, AGA
Mr. H.R. Dash, Advocate
(Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
17.08.2026
02. 1. Mr. H.R. Dash, learned counsel has entered appearance on behalf of the Informant by filing Vaklatanama in Court. The same is taken on record. The name of Mr. Dash, learned counsel be reflected in the file, cause list as well as CMS of this Court.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are seeking pre-arrest bail in connection with Special G.R. Case No.58 of 2026 pending on the file of learned ADJ-Cum-Special
Judge ( POCSO ) Kendrapara,Dist – Kendrapara arising out of Marsaghai PS case no -294/2026, for commission of offences punishable under Section 137(2), 3(5) of the BNS Act 2023, thereafter the above case converted to the offences under Section 137(2)/ 127(2)/ 64(2)/ 351(2)/ 3(5) of the BNS, 2023 reads with section 4 of the POCSO Act.
4. It is the submission of the learned counsel that the Petitioners were arrayed as accused, only since, they are related to the principal accused who is one Jayanta Kumar Sethi. Hence, they may be protected by pre-arrest bail.
5. Learned counsel for the State as well as the Informant oppose such prayer.
6. This Court perused the statement of the victim recorded under Section 183 of BNSS which clearly narrates the role played by the Petitioners in facilitating the offence be committed.
7. Considering the same, this Court is not inclined to entertain the application for pre- arrest bail. However, in the event the Petitioners surrender before the learned Court in seisin and move an application for their release on bail, the same shall be considered on its own merit.
8. Learned Court in seisin is requested to make an endeavour to dispose of the bail application on the same day and needless to state after following the due procedure of law.
9. 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: 18-Aug-2026 20:17:42 Signature Not Verified