IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9073 of 2026 CNR No. ODHC010567712026 1. Guddu Kumar 2. Nitish Kumar @ Nitish Yadav 3. Abhiraj Kumar …. Petitioners Mr. U. S. Patel, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 07.08.2026 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 G.R. Case No.290 of 2026 pending on the file of learned J.M.F.C., Hemgir arising out of Hemgir P.S. Case No.294 of 2026 for commission of offences punishable under Sections 296/ 115(2)/ 109(1)/ 351(3)/ 3(5) of BNS. 3. It is submitted by the learned counsel for the Petitioners referring to the forwarding report of the co-accused, namely, Rakesh Kumar @ Bitu that the overt act is attributed to him and the Petitioners have been falsely implicated. Hence, the Petitioners may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for pre-arrest bail during the currency of investigation. 5. On instruction, it is stated at the Bar that the Petitioners have criminal proclivity of similar nature. 6. Taking into account the nature of allegation and the submission made that the Petitioners have criminal proclivity, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioners may surrender before the learned J.M.F.C., Hemgir in connection with the aforementioned case within one month from today. In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C., Hemgir on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Hemgir, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day. 7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C., Hemgir is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. Ground of parity, if any, may be considered by the learned court(s) below. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Jina Designation: Junior Stenographer