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2026 DAILYLAW 7465 (ORI)

SAURAV BEHERA v. STATE OF ODISHA

ABLAPL/2905/2026 · 2026-04-23

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2905 of 2026 Saurav Behera …. Petitioner Mr. S. Dwibedi, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No. 247 of 2026 pending on the file of learned J.M.F.C-1 (Cog. Taking), Puri, arising out of Sea Beach P.S. Case No.70 of 2026, for commission of offences punishable under Sections 126(2)/ 115(2)/ 296/ 74/ 117(2)/ 351(2)/ 3(5) of the BNS, 2023. 3. It is stated that in meanwhile the case has turned to Section 109 of BNS. 4. It is submitted by the learned counsel for the Petitioner that even if the entire allegations are accepted at its face value, no case under Section 109 of BNS is made out. 5. This Court perused the materials on record including the statement of the Gopi Kishan Das and other witnesses. 6. It is also submitted that the Petitioner does not have any criminal proclivity. 7. Learned counsel for the State opposes the prayer for pre-arrest bail. 8. Considering the statement of the witnesses including that of the injured and the injury report, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature and the nature of injury. 9. If it comes to the fore that the injured has suffered any grievous injury and the Petitioner has any such criminal antecedent, this order shall not be given effect to. 10. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station one every week on such date and time to be fixed by the learned Court in seisin for the next three months. Certification of such appearance shall be submitted to the Court in seisin. 11. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 12. The ABLAPL is accordingly disposed of. 13. UCC as per rules. (V. NARASINGH) Judge Santoshi