Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 2416 of 2026
Sailendra Kumar Agarwal and another …. Petitioners
Mr. B. Sahoo, Advocate
-Versus-
State of Orissa …. Opposite Party
Mr. M.K. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 22.04.2026
01.
1. Heard learned counsels for the respective parties.
2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.715 of 2025 pending in the file of learned S.D.J.M., Kuchinda arising out of Kuchinda P.S. Case No.279 of 2025 on the grounds stated.
3. Gone through the FIR as at Annexure-1. Referring to Annexure-2 series, it is submitted that two other co-accused persons are on bail. It is further submitted that the petitioners are not responsible for the death of the deceased. The manner in which the alleged occurrence took place is described by Mr. Sahoo, learned counsel for the petitioners. On the other hand,
learned counsel for the State produced a case diary and statements of the witnesses recorded during the investigation and the same is gone through. One of the eye witnesses, p. 2 namely, Rajendra Katari claimed the presence of petitioner No.1 and also his younger brother, namely, petitioner No.2 and their involvement in the alleged incident. Considering the fact that the petitioners had earlier approached this Court in ABLAPL No.13224 of 2025, this Court is not inclined to reconsider any such plea for pre-arrest bail, however, allows the liberty for the petitioners to surrender before the learned court below and seek regular bail for its consideration on merit and in case of rejection, to approach the Sessions Court for orders during second hour.
4. Accordingly, it is ordered.
5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender within a fortnight from today and moves an application for regular bail, it shall be duly entertained by learned S.D.J.M., Kuchinda in connection with G.R. Case No.715 of 2025 during the first hour and in the event of rejection, they shall approach the learned Sessions Court for orders on the same day during the second hour itself.
6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer