Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3978 of 2026 Rajesh Kumar Ghosh ..... Petitioner Represented by Adv. - Dhirendra Kumar Mohapatra -versus- State of Odisha ..... Opposite Parties Represented by Adv. – Sasmita Nayak, A.S.C. J.K. Khuntia (for Informant) CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.04.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party as well as learned counsel for the Informant. Perused the records. 3. The present application has been filed under Section 482 of B.N.S.S. for releasing the Petitioner on anticipatory bail for alleged commission of offences under Sections 296/3(5)/324(4)/351(2) of B.N.S read with Section 3(1)(r), 3(1)(s) of SC and 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 Page 2 of 3. Atrocities) Act, 1989, the present application u/s 482 of B.N.S.S. is not maintainable. The provisions of section 482 of B.N.S.S. is not applicable to the case registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. 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. 5. The Petitioner shall surrender before the learned Special Court-cum-Sessions Judge, Balasore, in Special Case No.45 of 2026, arising out of Raibania P.S Case No.42 of 2026 on or before 30.05.2026. Seven days before the Petitioner surrenders 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. 6. 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. 7. 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. Page 3 of 3. 8. The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. (Aditya Kumar Mohapatra) Judge Anil Designation: Junior Stenographer