Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14778 of 2025
Prabhat Kumar Podh
…. Petitioner Mr. D.P. Mishra, Advocate
-Versus- State of Odisha …. Opposite Party
Mr. S. K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 03.02.2026
02.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. No.880 of 2025 pending in the file of learned J.M.F.C.-II (CT), Sambalpur arising out of Jujumura P.S. Case No.185 of 2025 on the grounds stated.
3. This petitioner had earlier approached this Court in ABLAPL No.12933 of 2025 and according to learned counsel appearing for the petitioner, no offence under the SC and ST (PoA) Act was earlier alleged, however, followed by a direction to seek regular bail before the learned J.M.F.C.-II, (CT), Sambalpur and in case of rejection, to approach the Sessions Court during the second hour. Referring to Annexure- 3, it is submitted that the case record has been transmitted to the court of learned Sessions Judge-cum-Judge, (Special Court)
by order dated 28th October, 2025 of the learned J.M.F.C.-II (CT), Sambalpur and therefore, the petitioner apprehends arrest. Recording the objection of the State and since an offence under the SC and ST (PoA) Act is alleged, this Court, while not considering the plea for pre-arrest bail, is of the view that the petitioner should be directed to surrender before the learned court below with an application for bail to be considered in the light of the decision of this Court in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309 and accordingly, it is ordered.
4. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned Sessions Judge-cum-Judge, (Special Court) within a fortnight from today in connection with Jujumura P.S. Case No.185 of 2025 corresponding to G.R. No.880 of 2025 and moves an application for bail, the same shall be duly considered and disposed of in terms of the decision in Pramod Kumar Ray (supra).
5. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Alok