p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9188 of 2026 CNR No. ODHC010558362026 Sasmita Samantara …. Petitioner Mr. S.K. Panigrahi, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. 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. Case No.49 of 2026 pending on the file of learned S.D.J.M., Sonepur, arising out of Sonepur P.S. Case No.52 of 2026 for commission of offences punishable under Section 126(2)/ 115(2)/ 121(2)/ 351(2) of BNS. 3. Learned counsel for the State, on instruction, submits that in the meanwhile charge sheet has been filed, inter alia, under Section 121(2) of BNS showing the Petitioner as not arrested and during the currency of investigation, the investigating agency has resorted to the provisions as contained in Section p. 2 35(3) of the BNSS. As such, the ABLAPL is not maintainable. 4. Learned counsel for the Petitioner, per contra, submits that taking into account that the offence under Section 121(2) BNS is triable by Court of seisin and since he has received notice, there is reasonable apprehension of being remanded. 5. Considering the same, this Court directs 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 criminal antecedent of similar nature. 6. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Santoshi