Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14982 of 2025
Gangadhar Panda ..... Petitioner
Represented by Adv. - Jayanta Kumar Majhi -versus-
State Of Odisha ..... Opposite Parties
Mr. P.K. Sahoo, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 30.12.2025
Order No.
01. 1. This matter is taken up through Hybrid mode. 2. Considering the urgency of the matter that the Petitioner(s) 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 jurisdictional Sessions Court. 3. Heard learned counsel for the Petitioner and learned counsel for the State-Opposite Party. Perused the records. 4. The present application has been filed under Section 482 of BNSS, 2023 for releasing the Petitioner on anticipatory bail for alleged commission of offences under Sections 294, 323, 354, 420, 506, 34 of IPC read with Section 3(l)(r), 3(1)(s), 3(2)(va) of SC and
Page 2 of 3. ST (PoA) Act. However, in view of the bar contained under Sections 18 as well as 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the present application u/s 482 of BNSS is not maintainable. The provisions of section 482 of BNSS is not applicable to the case registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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 Special Judge (SC/ST), Balasore, in 1.C.C. No.11 of 2024, arising out of Soro P.S. Case No.764 dated 03.09.2024 on or before 30.01.2026. Seven days before the Petitioner surrender before the said Court, 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. 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. Page 3 of 3. 8.
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.
9. The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( Aditya Kumar Mohapatra )
Vacation Judge
S.K. Rout