IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3890 of 2026 Ratikanta Sethi and others …. Petitioner(s) Mr. S.K. Biswal, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. J. Naik, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 29.04.2026 01. 1. The petitioners are accused in connection with Binjharpur P.S. Case No. 105 of 2026 corresponding to C.T. Case No.473 of 2026 registered on the allegation of the alleged commission of offence punishable under Sections 115(2)/125/126(2)/296/ 3(5)/74 of BNS, pending in the Court of the learned SDJM, Jajpur. 2. Learned counsel for the petitioner, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. On 27.02.2026 at 7.30 P.M. the informant presented a written report before the I.I.C., Binjharpur Police Station alleging therein that due to civil dispute on dt.21.02.2026 at 1.10 P.M. the accused Ratikanta Sethi, Rajanikanta Sethi both are S/o. Shiba Sethi, Siba Sethi, S/o. Late Bholi Sethi, Minati Sethi, W/o. Sisa Sethi, Arpita Sethi @ Rima Sethi, W/o. Ratikanta Sethi, Kialash Sethi @ Bina Sethi, S/o. Late Bholi Sethi, Bikash @ Biram Sethi, Jitendra @ Chuina Sethi both are S/o. Kailash Sethi, Sudhasini Sethi, W/o. Bikash Sethi all are of Village- Jari, P.S- Binjharpur, Dist- Jajpur and Nitia Sethi S/o. Madhia Sethi of Sisirana, P.S- Binjharpur, Dist- Jajpur conjointly wrongfully restrained to the complainant and abused them in obscene languages, assaulted and outraged her modesty and again on dt.23.02.2026 at 8.30 A.M. the above noted accused persons also abused them in obscene languages, pelted stone etc. in furtherance of their common intention. 4. Learned counsel for the petitioners submits that except the offence under Section 74 of BNS, all other offences invoked in this case are bailable in nature and by relying upon the judgment of the Hon’ble Supreme Court in Arnesh Kumar vrs. State of Bihar and another, reported in (2014) 8 SCC 273 and Satender Kumar Antil vrs. CBI, reported in (2021) 10 SCC 773 he submits that the anticipatory bail application of the petitioners may be allowed. 5. Learned counsel for the State opposed the prayer for anticipatory bail. 6. Regard being had to the nature of allegation and gravity of offence, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, it is directed that in the event the Petitioners are arrested, they shall be released on bail by the Arresting Officer, subject to verification of criminal antecedent of similar nature. The release of the Petitioners shall also be subject to the condition that they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required by the I.O. for the purpose of investigation; they shall not indulge in similar criminal offences while on bail; they shall not threaten/harass/terrorize the informant in any manner whatsoever while on bail; and they 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. 7. The ABLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA