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2025 DAILYLAW 68261 (ORI)

KALICHARAN PATTNAIK @ KALI CHRNA PATTNAYAK v. STATE OF ODISHA

ABLAPL/14993/2025 · 2025-12-30

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14993 of 2025 Kalicharan Pattnaik @ Kali Chrna Pattnayak ..... Petitioner Represented by Adv. - Amit Kumar Sahu -versus- State Of Odisha ..... Opposite Party Represented by Adv. – P.S. Nayak, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.12.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Considering the urgency of the matter that the Petitioner apprehends his arrest and that the Courts are not functioning during the winter vacation, the matter is taken up directly without remanding the matter to the jurisdiction Sessions Court. 3. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the records. 4. The present application has been filed under Section 482 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 B.N.S.S. is not maintainable. The provision of Section 482 B.N.S.S. is not applicable to the case Page 2 of 3. registered involving an offence under the S.C. & S.T. Act. 5. 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), the present bail application is being disposed of with the following observations. 6. The Petitioner shall surrender before the learned Sessions Judge-cum-Special Judge, Jeypore within three weeks in G.R Case No.1388 of 2025 arising out of Baipariguda P.S Case No.271 of 2025 for commission of alleged offences under Sections 3(1 )(r), & 3(1 )(s) of SC & ST (POA) Act read with Sections 308(3), 351 (2), 351 (3), & 356(2) of B.N.S. Seven days before the Petitioner surrenders 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 counsel or dependent. 7. 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 strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. 8. Till the date of surrender of the Petitioner as stipulated in this Page 3 of 3. order, the Petitioner shall not be arrested in connection with the aforesaid case. 9. The ABLAPL is accordingly disposed of. 10. Issue urgent certified copy as per Rules. ( A.K. Mohapatra) Vacation Judge Anil Designation: Junior Stenographer