IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1611 of 2026 Arunibala Sethy &. Petitioner Mr. S.N.Das, Advocate along with Mr. A.Acharya, Advocate -Versus- State of Odisha &. Opposite Party Ms. S.Mohanty,ASC ABLAPL No.1761 of 2026 Kalpataru Sethy &. Petitioner Mr. S.N.Das, Advocate along with Mr. A.Acharya, Advocate -Versus- State of Odisha &. Opposite Party Ms. S.Mohanty, ASC And ABLAPL No.1882 of 2026 Dhiren Sethy &. Petitioner Mr. S.N.Das, Advocate along with Mr. A.Acharya, Advocate -Versus- State of Odisha &. Opposite Party Ms. S.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.03.2026 01. 1. The ABLAPLs are taken up together and disposed of by the following common order. 2. Recorded the submissions of learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with G.R. Case No.425 of 2025 pending in the file of learned JMFC (CT), Kendrapara arising out of Nikirei P.S. Case No.300 of 2025 on the grounds stated. 4. Perused the F.I.R. as at Annexure-1. Learned counsel for the petitioners submits that the present accused persons have been shown as absconders in the chargesheet and in so far as the medical opinion is concerned as per Annexure-3 series, the death of the deceased was due to head injury and its complications with presence of alcohol in the viscera. The submission is that in view of such opinion at Annexure-3 series, the petitioners are entitled to go on bail. Recorded the objection of the State. According to Ms. Mohanty, learned ASC, the injuries are ante-mortem in nature and it is a case of homicidal death of the deceased. A case under Section 103 BNS has been registered and there is chargesheet filed in the meantime. Considering the nature of allegations revealed from Annexure-1 and the cause of death of the deceased, this Court notwithstanding closure of investigation is not in favour of granting pre-arrest bail to the petitioners, however, is of the view that the all of them should be directed to surrender before the learned court below seeking regular bail for its consideration and in case of rejection, to approach the Sessions Court during the second hour for orders. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender within a fortnight from today in connection with G.R. Case No.425 of 2025 and move applications seeking release, it shall be entertained by learned JMFC (CT), Kendrapara and disposed of during the first hour and in the event of rejection, they shall approach the Sessions Court for orders on the same day during second hour itself and for the said purpose relevant records shall be made available. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita