p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12079 of 2025 1. Dinesh Kumar Behera 2. Smile Behera @ D.R Trshit …. Petitioners Mr. M.K. Chand, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.10.2025 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 C.T. Case No.1054 of 2025 pending in the Court of learned S.D.J.M., Phulbani, arising out of Phulbani Town P.S. Case No.344 of 2025 for commission of offence punishable under Sections 126(2)/ 333/ 115(2)/ 118(1)/ 76/ 109/ 3(5) of BNS, 2023. 3. It is submitted by the learned counsel that because of the omnibus nature of allegations the p. 2 Petitioners have been falsely implicated. Hence, the Petitioners may be protected by pre-arrest bail. 4. It is apt to note that while this Court on occasion to consider the anticipatory bail application of the co-accused in ABLAPL No.11784 of 2025 which was disposed of vide order dated 16.10.2025. And, in the said order while referring to the statement of the victim recorded under Section 183 of BNSS, it is specifically noted that the overt act is primarily attributed to one Smile Behera, who is the Petitioner No.2 herein. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. Taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner No.1 (Dinesh Kumar Behera) 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 of similar nature. 7. If it comes to the fore that the Petitioner No.1 has any such criminal antecedent, this order shall not be given effect to. 8. It is needless to state that the Petitioner No.1 shall cooperate with the ongoing investigation. p. 3 9. So far as the ABLAPL in respect of Petitioner No.2 is concerned, taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner No.2 (Smile Behera @ D.R Trshit) 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. 10. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Jina