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2026 DAILYLAW 1176 (ORI)

GOUTAM SWAIN v. STATE OF ODISHA

ABLAPL/948/2026 · 2026-02-12

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.948 of 2026 Goutam Swain …. Petitioner Mr. D. K. Sahoo, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. M. K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with T.R. Case No.113 of 2025 pending in the file of learned District and Sessions Judge-cum-Special Judge, Kendrapara arising out of Marsagai P.S. Case No.380 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. A case under Section SC and ST (PoA) Act has been registered. The manner in which the excess was committed by the petitioner has been described in the F.I.R. i.e. Annexure-1. It is claimed that there is no such incident said to have happened. Since an offence under the SC and ST (PoA) Act is alleged, this Court, while not considering the plea for pre-arrest bail, is of the view that the petitioner should be directed to surrender before the learned court below with an application for bail to be considered in the light of the decision of this Court in Pramod Kumar Ray and p. 2 others Vrs. State of Odisha (2017) 67 OCR 309. It is further directed that at the time of hearing, the medical examination report, if any, and the case diary shall be made available for orders. 4. 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 District and Sessions Judge-cum- Special Judge, Kendrapara within a fortnight from today in connection with Marsagai P.S. Case No.380 of 2025 corresponding to T.R. Case No.113 of 2025 and on an application for bail moved by him, the same shall be duly considered and disposed of in terms of the decision in Pramod Kumar Ray (supra). 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Sumitra