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2026 DAILYLAW 20581 (ORI)

AKSHAYA KUMAR NAYAK v. STATE OF ODISHA

ABLAPL/6279/2026 · 2026-06-12

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6279 of 2026 Akshaya Kumar Nayak and others ..... Petitioners Represented by Adv. – Bijaya Kumar Sahoo -versus- State Of Odisha ..... Opposite Parties Smt. J. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.06.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned counsel for the State-Opposite Party. Perused the records. 3. Learned counsel for the Petitioners contended that initially the FIR was registered for alleged commission of offences punishable under Sections 121(1), 132, 189(2), 190, 221, 296 of the BNS, 2023 read with Section 7 of Criminal Law (Amendment Act), 1932 and read with Section 3 of Prevention of Damage to Public Property Act, 1984. Learned counsel for the Petitioners further contended that in course of investigation the offence under the SC and ST (PoA) Act has also been added. Accordingly, the case record has been Page 2 of 3. transmitted to the court of learned District and Sessions Judge-cum- Special Judge, Nayagarh and the same has been registered as Spl. G.R. No.43 of 2026. 4. In view of the aforesaid development, this Court is of the view that the present anticipatory bail application is not maintainable in view of the bar contained under Sections 18 as well as 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.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 Petitioners shall surrender before the learned District and Sessions Judge-cum-Special Judge, Nayagarh on or before 13.07.2026. Seven days before the Petitioners surrender before the said Court, their 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 Petitioners in accordance with law and shall dispose of the bail application on the very same day. 7. Till the date of surrender of the Petitioners as stipulated in this Page 3 of 3. order, the Petitioner shall not be arrested in connection with the aforesaid case. 8. The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( Aditya Kumar Mohapatra ) Vacation Judge S.K. Rout