Orissa High Court
ABLAPL/9175/2026 of RAJESH NAYAK Vs STATE OF ODISHA on 13 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9175 of 2026 CNR No.ODHC010555842026 Rajesh Nayak …. Petitioner Mr.Chiranjib Rout, Advocate -Versus- State of Orissa …. Opposite Party Mr.A.C. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.08.2026 01. 1. Heard learned
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9175 of 2026
CNR No.ODHC010555842026
Rajesh Nayak
….
Petitioner
Mr.Chiranjib Rout, Advocate
-Versus-
State of Orissa
….
Opposite Party
Mr.A.C. Pati, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
13.08.2026
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.(C.T.) Case No.705 of 2026 pending on the file of learned J.M.F.C. (Cog. Taking), Talcher arising out of Gopal Prasad P.S. Case No.139 of 2026 for commission of offences punishable under Section 303(2)/3(5) of BNS.
3. It is submitted by the learned counsel for the Petitioner that because of criminal proclivity of the Petitioner, he has become a scapegoat to be arrayed as an accused and the basis of implication is on account of the co-accused statement. Hence, the Petitioner may be protected by pre-arrest bail.
4. It is submitted that the co-accused was before this Court in ABLAPL No.8896 of 2026 and by order dated 04.08.2026, this Court directed release of said co-accused and since the Petitioner is at all fours with the said-accused, he may be protected by pre-arrest bail.
5. Learned counsel State opposes the prayer for pre-arrest bail.
6. Taking into account the nature of allegation and the punishment prescribed, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of not more than two criminal antecedents of any nature.
7. If it comes to the fore that the Petitioner has more than two criminal antecedents of any nature, this order shall not be given effect to.
8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
9. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Basua Digitally Signed Signed by: BASUDEV NAYAK Designation: Addl. Dy. Registrar-cum-Addl. Principal Secy. Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 14-Aug-2026 17:57:39 Signature Not Verified