p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2160 of 2026 Dayanidhia Nahak@ Naik & others …. Petitioners Mr. A.K. Nayak, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 23.04.2026 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Nayagarh Sadar P.S. Case No.14 of 2026 corresponding to G.R. Case No.06 of 2026 pending in the file of learned ADJ- cum-Presiding Officer under POCSO Act, Nayagarh on the grounds stated. 3. Perused the FIR as at Annexure-1. It is submitted to the Court by learned counsel for the petitioners that the present accused persons are the family members of the principal accused with whom the victim eloped and both are untraceable and hence, for no any role played by them in such elopement, they should be allowed to go on bail with conditions. Recorded the objection of the State. In view of the nature of allegations revealed from the FIR vis-à-vis the petitioners, the Court is p. 2 inclined to dispose of the ABLAPL without any notice to the informant even though a case under Section 6 of the POCSO Act is registered. From the FIR lodged, it is made to suggest that the victim a minor aged about 17 years was allegedly kidnapped by the principal accused, namely, Rajesh @ Rajendra Naik. It is informed to the Court that the said accused is absconding and victim’s whereabouts is unknown. The said incident is of the month of January, 2026. Considering the involvement of the principal accused and that the petitioners are his family member, this Court is inclined to direct their release upon surrender before the learned court below with conditions even though not inclined to entertain plea of pre- arrest bail moved by them with the following conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned ADJ-cum- Presiding Officer under POCSO Act, Nayagarh in connection with Nayagarh Sadar P.S. Case No.14 of 2026 corresponding to G.R. Case No.06 of 2026 within fifteen days from today, they shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) each with one solvent surety for the like amount each with such other conditions imposed. It is directed that at the time of release of the petitioners, the learned court below shall undertake an enquiry on the whereabouts of the minor victim. It is further directed that the petitioners upon such release shall furnish an p. 3 undertaking at the local PS to co-operate the IO in the investigation especially assist in the recovery of the victim. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer