Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 12836 of 2025
Krushnapad Mandal …. Petitioner
Mr. T.K. Mohanty, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. B. Nayak, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 14.11.2025
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.62 of 2023 pending on the file of learned Addl. District and Sessions Judge- cum-Spl. Court under (POCSO), Act, Kendrapara, arising out of Rajnagar P.S. Case No.525 of 2023 for commission of offences punishable under Sections 457/376(3)/376(2)(n)/376(DA)/323/506 of IPC read with Section 6 of POCSO Act.
It is apt to note that section 376(3) of the IPC corresponds to Section 65 of BNS as well as Section 376(DA) is dealt with under Section 70 of the BNS. Section 482(4) of the BNSS deals with the accusation under the aforementioned Sections, which corresponds to 438(4) of Cr.P.C.
For convenience of reference Section 482(4) of the BNSS is extracted hereunder; p. 2
“482.Direction for grant of bail to person apprehending arrest.
(1). xxx xxx xxx
(2). xxx xxx xxx
(3). xxx xxx xxx
(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.”
3. Taking into account the nature of allegations, in the light of the statutory embargo referred to herein above, the ABLAPL is not maintainable and is accordingly dismissed.
(V. NARASINGH)
Judge Santoshi