p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12997 of 2025 Goutam Naik @ Prince …. Petitioner Mr. S.N. Mishra, Advocate -versus- State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 25.11.2025 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 C.T. Case No.63 of 2025 pending in the Court of learned S.D.J.M., Bhawanipatna, arising out of Bhawanipatna Town P.S. Case No.292 of 2025 for commission of offence under Sections 126(2)/115(2)/113(2)/3(5) of BNS. 3. It is submitted that even if the entire allegation are accepted at its face value, the Petitioner has no complicity in the offence and has been implicated on account of co-accused’s statement. Therefore, the Petitioner may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer and submits that charge sheet has been filed p. 2 inter alia under Section 103(1) of BNS on 02.11.2025 citing the Petitioner as accused no.4. Referring to the charge sheet, learned counsel for the State further submits that the very filing of the same indicates that there is a prima facie case against the Petitioner and therefore ought not to be protected by pre-arrest bail. 5. This Court perused the materials on record and the statement of the co-accused. 6. It is trite that at the stage of consideration of bail, the co-accused statement can be taken into account. Reference in this context can be gainfully made to the time tested doctrine of apex Court in the case of Kalyan Chandra Sarkar Vrs. Rajesh Ranjan, reported in, (2005) 3 SCC 284. 7. Considering the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is open for the Petitioner to surrender 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 on the same day. 8. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Amit Designation: Secretary