IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3409 of 2026 Kishore Chanda Mohanty …. Petitioner(s) Mr. Amitav Tripathy, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. P.S. Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Nuagaon P.S. Case No.10 of 2026 corresponding to G.R. Case No.35 of 2026 registered for alleged commission of offences punishable under Sections 303(2)/317(2)/3(5) of the BNS, 2023, pending in the Court of the learned S.D.J.M., Nayagarh. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. Mr. Tripathy, learned counsel for the petitioner submits that although the name of the petitioner is not appearing in the F.I.R., however, the police have been harassing him in relation to the particular case. In paragraph-4 of the application, he has very categorically mentioned as follows: “4. That it is respectfully submitted here that though the present petitioner’s name does not find place in the FIR but the police is searching in his house time and again in relating to this case. All the co-accused persons who were in the vehicle, had already released on bail by the learned court below vide roder dated 17.01.2026.” 5. Learned Counsel for the State submits that the names of three accused persons are found mentioned in the F.I.R. But the name of the petitioner is not mention. Therefore, the apprehension of arrest of the petitioner is misplaced. 6. Be that as it may, since the name of the petitioner is not found mentioned in the F.I.R. and the allegations are not serious in nature and the apprehension expressed by the petitioner in paragraph- 4 seems to be genuine, hence, I am inclined to grant protection to the petitioner under Section 482 of the BNS (Section 438 of the Cr. P.C.). 7. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of the criminal antecedent of similar nature and he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail; he shall appear before the trial Court on each and every date of posting of the case, if not presented by sufficient cause. Violation of any of the conditions shall entail cancellation of bail. 8. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.