IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.645 of 2026 Darasingh Guru …. Petitioner Mr. S. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.K. Sahoo, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Gochhapada P.S. Case No.41 of 2019 corresponding to C.T. Case No.32 of 2019 pending in the court of learned Sessions Judge-cum-Special Judge, Kandhamal on the grounds stated. 3. Perused the FIR as at Annexure-1. A copy of the judgment in C.T. No.32 of 2019 as at Annexure-2 in respect of the co-accused, namely, Rupesh @ Rupesh Singh Beshra with an order of acquittal referred to by this Court in ABLAPL No. 11656 of 2025, a copy of which is at Annexure-4. 4. Referring to the judgment of this Court at Annexure-3, the submission of learned counsel for the petitioner is that the petitioner is entitled to go on bail as therein, in an identical case, the accused persons were granted bail for an order of acquittal in respect of the co-accused. The further submission is that the petitioner had earlier approached vide ABLAPL No.7606 of 2021 disposed of by order dated 1st July, 2021 with a rejection order but in the changed circumstances and particularly with the order of acquittal i.e. Annexure-2 and release of co-accused driver vide ABLAPL No.11656 of 2025, the petitioner should be extended the parity. 5. Recorded the objection of the State. 6. The copy of the order in ABLAPL No.11656 of 2025 is also at Flag-C. From the said order, the Court finds that the co- accused, namely, Chandan Kar @ Chandan Kumar Kar, namely, the driver of the alleged vehicle has been granted bail upon his surrender before the learned court below and it is based on an order of acquittal in C.T. Case No.32 of 2019. The petitioner was the helper of the alleged vehicle at the relevant point of time. On a reading of Annexure-2, the Court finds that the co-accused, namely, Rupesh @ Rupesh Singh Beshra was acquitted of the charges levelled against him. A similar ground has been considered by this Court while disposing of the ABLAPLs by a judgment dated 1st May, 2025 i.e. Annexure-3, wherein one of the co-accused stood acquitted by a judgment of the Special Court in C.T. No.35 -A of 2020 arising out of Gochhapada P.S. Case No. 35 of 2020 for commission of offence punishable under Section 20(b)(ii) C NDPS Act. Since, the co-accused is on bail at present and it is on the basis of an order of acquittal dated 16th May, 2025 in C.T. No.32 of 2019 in respect of the co-accused, namely, Rupesh @ Rupesh Singh Beshra, the petitioner being similarly situated even though he had earlier approached vide ABLAPL No.7606 of 2021 and pre-arrest bail was denied, at this juncture, for the aforesaid development having taken place, the Court is inclined to extend parity and his release on bail on similar terms and conditions. 7. Hence, it is ordered. 8. In the result, the ABLAPL stands disposed of with direction that on surrendering within three weeks hence pleading bail with an application moved, the petitioner shall be released on bail in connection with Gochhapada P.S. Case No.41 of 2019 by the learned court in seisin over the matter on such terms and deemed just and proper in the facts and circumstances of the case. 9. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT