Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 206 of 2026
Sujeet Kumar Sethi …. Petitioner
Mr. A. R. Panda, Advocate
-Versus-
State of Odisha …. Opposite Party
Smt. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 13.01.2026
01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.635 of 2025 pending in the file of learned S.D.J.M., Balasore arising out of Balaramgadi Marine P.S. Case No.43 of 2025 on the grounds stated. 3. The employees working in the trawler at the relevant point of time have died as made to reveal from the FIR at Annexure-1. According to Mr. Panda, learned counsel for the petitioner, the present accused is the owner but was not in the trawler at the time of the incident. The further submission is that the driver of the trawler, namely, Jaladhar Mallik was arrested and subsequently released on bail by the order of the learned Special Court dated 19th September, 2025 in B.A. p. 2 No.73/743 of 2025, a copy of which has been produced by him at the time of hearing. The further submission is that the offences under which the case has been registered are bailable in nature, however, the co-accused, namely, driver was forwarded for an offence punishable under Section 123 BNS and the same is a non-bailable offence and hence, the petitioner as the owner of the trawler apprehends his arrest. Recorded the objection of the State. The Court upon reading the FIR at Annexure-1 finds that due to poisoning, the employees of the trawler died. The Court further finds that some chemical substance was used to preserve the fish and the deceased persons came in contact with the same while being engaged in the trawler and died thereafter. Considering the above facts and objection of the State and since, offence under Section 123 BNS is alleged in respect of the co-accused and there is an apprehension of arrest vis-à-vis the petitioner, this Court is inclined to grant him protection by the following order. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid.
It is directed that the petitioner, in the event of arrest, shall be released on bail by the Arresting Officer in connection with C.T. Case No. 635 of 2025 of the file of learned S.D.J.M., Balasore with the following conditions, such as, he shall cooperate the I.O in the p. 3 investigation of the case and to attend the local PS for the said purpose as and when necessary. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge
Rojina Designation: Junior Stenographer