Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.363 of 2025 Subhasmita Swain ..... Petitioner
Represented By Adv. - Deepak Kumar Das -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. M.R. Patra, A.S.C. Mr. B.K.Nayak, Standing Counsel for the Informant
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 13.01.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Mr. Basanta Kumar Nayak, learned counsel enters appearance on behalf of the Informant by filing a vakalatnama in Court today and the same be kept on record.
3. Heard learned counsel for the Petitioner and learned Additional Standing 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 318(4)/ 338/ 336(3)/ 351(2) BNS read with
Page 2 of 3. Section 3(l)(i)(s), 2(va) of SC & ST (PoA) 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 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 Additional Sessions Judge-cum-Special Judge, Nimapara in Special G.R. No.94 of 2024 arising out of Nimapara P.S. Case No.375 of 2024 on or before 29.01.2025. 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/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.
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.
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9. The ABLAPL is accordingly disposed of.
10. Issue urgent certified copy as per Rules.
Rubi
( A.K. Mohapatra )
Judge