Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2123 of 2025 Niranjan Saw @ Sa ..... Petitioner
Represented By Adv. - Badal Kumar Behera -versus- State Of Odisha ..... Opposite Parties
Mr. M.R. Patra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 25.03.2025
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. Perused the records.
3. The present application has been filed under Section 482 of B.N.S.S. for releasing the Petitioner on anticipatory bail. In view of the bar under Section 18 & 18-A of the S.C. & S.T.Act, the present application under Section 482 of B.N.S.S. is not maintainable. The provision of Section 482 of B.N.S.S. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.
4. Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra) and by applying the principle of parity, if any, the present bail application is being
disposed of with the following observations.
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5. The Petitioner shall surrender before the learned P.O. Special Judge, SC/ST (P.O.A.) Act, Balasore in connection with Special Case No.222 of 2024 arising out of Berhampur P.S. Case No.127 of 2024 for commission of alleged offences under sections 115(2), 126(2), 109, 74, 296, 3(5), 351(2), 74 of B.N.S. read with Section 3(1)(r)(s) /3(2)(va) of S.C./ S.T. (POA) Act. Seven days before the Petitioner surrender before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her counsel or dependent.
6. Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the bail application on the very same day.
7. Till the date of surrender of the Petitioner as stipulated in this
order, the Petitioner shall not be arrested in connection with the aforesaid case.
8. The ABLAPL is accordingly disposed of.
9. Issue urgent certified copy as per Rules.
(Aditya Kumar Mohapatra)
Judge
S.K. Rout