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2026 DAILYLAW 6867 (ORI)

SAMRAT BEHERA v. STATE OF ODISHA

ABLAPL/2775/2026 · 2026-04-23

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2775 of 2026 Samrat Behera ..... Petitioner Represented By Adv. – Mr. Rabi Narayan Behera -versus- Union of India ..... Opposite Party Represented By Adv. – Mr. B.S. Rayguru, Senior Panel Counsel CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. On the oral prayer made by the learned counsel for the Petitioner, he is permitted to correct the cause tile of the bail application. 3. Let corrected cause title of the bail application be uploaded/filed within three working days hence. 4. Heard learned counsel for the Petitioner as well as learned Senior Panel Counsel appearing for the Union of India-Opposite Party. 5. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with RPF Post Dhenkanal Case No.C3C-18/2026, corresponding to 2(C)CC No.25 of 2025, pending in the court of learned S.D.J.M., Dhenkanal, registered for alleged commission of offences punishable under Sections 160(2)/174(C) and 159 of Railway Act. Page 2 of 2. 6. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further contended that the punishment provided on conviction for the most grave offence alleged is less than seven years. Therefore, the case of the Petitioner is covered by the judgment of the Hon’ble Supreme Court in Satender Kumar Antil - vrs.- Central Bureau of Investigation & Another, reported in (2022) 10 SCC 51. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on pre-arrest bail. 7. Mr. B.S. Rajguru, learned Senior Panel Counsel appearing for the Union of India-Opposite Party, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground that in the event the Petitioner is released on bail, there is every likelihood that he might abscond from justice which would cause delay in conclusion of the investigation as well as trial. 8. Considering the nature and gravity of the allegation, this Court directs the Arresting Officer to follow the procedure of Section 35 of the B.N.S.S., 2023, so far as the present Petitioner is concerned, subject to the condition that the Petitioner does not have any other criminal antecedent. 9. With the aforesaid observation and direction, the bail application stands disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis