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2025 DAILYLAW 9 (ORI)

BIJU SWAIN @ BIJAYA KUMAR SWAIN v. STATE OF ODISHA

ABLAPL/13957/2025 · 2026-01-30

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 13957 of 2025 Biju Swain @ Bijaya Kumar Swain …. Petitioner Mr. S. Mohanty, Advocate -Versus- State of Orissa …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.01.2026 02. 1. In view of the order in CRLMA No.19 of 2026, the ABLAPL is restored to file. 2. With the consent of learned counsel for both the sides, the matter is taken up today for hearing and orders. 3. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with C.T. Case No.257 of 2025 pending in the file of learned P.O., Special Court under SC & ST (PoA) Act, Cuttack arising out of Banki P.S. Case No.405 of 2025 on the grounds stated. 4. Perused the FIR as at Annexure-1. The Court finds that the case has been registered under the SC & ST (PoA) Act. The details of the alleged incident are narrated in the FIR i.e. Annexure-1. The Court, considering the submissions of learned counsel for the respective parties, is of the view that the petitioner should be directed to surrender before the learned court below seeking regular bail to be dealt with in accordance with the decision of this Court in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309 and accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned P.O., Special Court under SC & ST (PoA) Act, Cuttack within a fortnight from today and moves an application for bail, it shall be dealt with in connection with C.T. Case No.257 of 2025 arising out of Banki P.S. Case No.405 of 2025 and disposed of in the light of the decision in Pramod Kumar Ray (supra) with a proper notice to the informant. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer