IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2848 of 2026 Shiban Kanti Bala …. Petitioner Mr. P.K. Nanda, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA ABLAPL No. 15091 of 2025 Bharati Behera …. Petitioner Ms. M. Jesthi, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA ABLAPL No. 3251 of 2026 Srikanta Kumar Bhuyan …. Petitioner Ms. M. Jesthi, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.04.2026 01. 1. Since all the matters arise out of same F.I.R, they are heard together and disposed of by this common order on the consent of the parties. 2. Heard learned counsel for the Petitioners and learned counsel for the State. 3. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.206/2025 pending on the file of learned ACJ-CUM-JMFC-I (Cog. Taking), Cuttack, arising out of CDA Phase-II P.S. Case No. 31/2025, for commission of offences punishable under Sections -304(2), 305(a), 316(2), 318(4), 336(2), 338, 339 ,340 ,61(2), 81(1) of BNS,2023. 4. It is submitted by the learned counsel that admittedly the Petitioner in ABLAPL No.2848 of 2026 and Petitioner in ABLAPL No.3251 of 2026 are not named accused. Hence, they may be protected by pre-arrest bail. 5. It is submitted by the learned counsel that one of the relatives of the Petitioners though not a named accused- Manash Ranjan Sethi, who was taken to custody during the course of the investigation and has been released on bail. On the basis of same, it is submitted by the learned counsel that the Petitioners have reasonable apprehension being cited as accused. 6. Learned counsel for the State submits that there is no material on record for such apprehension. 7. In the given facts of the present case, this Court is persuaded to hold that the apprehension of the Petitioners that they may be taken to custody in the light of arrest and subsequent release of said Manash Ranjan Sethi, who is related to them cannot be said to be fanciful. Apply in the law laid down by the Apex Court in the case of Gurbaksh Singh Sibbia & Others Vrs. State of Punjab, reported in (1980) 2 SCC 565 reiterated in Dhanraj Aswani Vrs. Amar S. Mulchandani and others reported in (2024) 10 SCC 336, in the factual backdrop of the case at hand the ABLAPL qua the Petitioners is held to be maintainable. 8. The Petitioner in ABLAPL in 15091 of 2025 is accused No.5 in the complaint Case. 9. Considering the nature of allegations, punishment prescribed and the background as stated in the recitals of the complaint petition, it is directed that in the event of arrest of the Petitioners in connection with the aforesaid case, they shall be released on bail by the Arresting Officer on such terms and conditions deemed just and proper with further conditions that they will cooperate with the investigation. 10. Accordingly, the ABLAPLs stand disposed of. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer