Anil Sethi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Anil Sethi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: Petitioner to surrender within three weeks and move for bail, whereupon he 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 (order inoperative if such antecedent surfaces); monthly appearance before the jurisdictional police station for three months with certification; cooperation with ongoing investigation.

Issue for consideration

Whether the Petitioner (Anil Sethi) is entitled to pre-arrest bail in connection with C.T. Case No.639 of 2025 (arising out of Balasore Sadar P.S. Case No.336 of 2025) pending before the learned J.M.F.C., Balasore.

Court's answer

On surrendering within three weeks 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.

Ratio / Principle

If it comes to the fore that the Petitioner has a criminal antecedent of similar nature, this order shall not be given effect to.

Key takeaways

The Petitioner shall appear before the jurisdictional police station once every month, on date and time fixed by the learned Court in seisin, for the next three months, with certification of such appearance submitted to the Court in seisin.ratio¶¶19
The Petitioner shall cooperate with the ongoing investigation.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail — ABLAPL allowed with conditions. Petitioner sought pre-arrest bail in C.T. Case No.639 of 2025 pending before learned J.M.F.C., Balasore, arising out of Balasore Sadar P.S. Case No.336 of 2025, for offences punishable under Sections 126(2)/296(b)/351(3)/74/3(5) of BNS. Counsel contended false implication and that no overt act qua the victim was attributed to the Petitioner; the State opposed. The Court perused the victim's 183 BNSS statement and, taking into account the nature of allegation and submissions, directed that on surrender within three weeks and moving for bail the Petitioner be released on bail by the Court in seisin on just terms, subject to verification of criminal antecedent of similar nature — the order to have no effect if such antecedent comes to the fore. Further directions: monthly appearance before the jurisdictional police station for three months with certification to the Court, and cooperation with the ongoing investigation. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 12311 of 2025

Anil Sethi

Petitioner

Mr. P.K. Satapathy, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panda, ASC

CORAM: JUSTICE V. NARASINGH ORDER

16.12.2025 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.639 of 2025 pending on the file of learned J.M.F.C., Balasore arising out of Balasore Sadar P.S. Case No.336 of 2025 for commission of offences punishable under Sections 126(2)/296(b)/351(3)/74/3(5) of BNS.

It is submitted by the learned counsel that the Petitioner has been falsely implicated in the case at hand and even if the entire allegation is accepted at its face value, the overt act qua the victim is not attributed to the Petitioner. Hence, the Petitioner may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer for pre-arrest bail.

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This Court perused the 183 BNSS statement of the victim.

Taking into account the nature of allegation and the submissions made, this Court directs 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.

If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month 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.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules.

(V. NARASINGH) Judge

Signature Not Verified Santoshi

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Dec-2025 11:55:49

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