Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6494 of 2026 Prafulla Kumar Barik & Anr. ..... Petitioners
Represented by Adv. - Debasis Sahoo -versus- State of Odisha ..... Opposite Party
Represented by Adv. - Mr. J.Khandayatray, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 17.06.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State.
3. The present application has been filed under Section 482 of B.N.S.S. for releasing the Petitioners on anticipatory bail. In view of the bar under Section 126(2)/ 118(1) /35l(3) /74/ 109(1)/ 3(5) of B.N.S., 2023 read with Under Section 3 (1) (r ) (s)/ 3 (2) (v) (va) of SC & ST (PA)Act, 1989, the present application under Section 482 of B.N.S.S. is not maintainable. The provision of Section 482 of B.N.S.S. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.
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
Page 2 of 2. application is being disposed of with the following observations.
5. The Petitioners shall surrender before the learned Sessions Judge-cum-Special Judge, Keonjhar in connection with Turumunga P.S, Case No.111 of 2026 on or before 13.07.2026. Seven days before the Petitioners surrender before the said Court, they or 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. The ABLAPL is accordingly disposed of.
8. Issue urgent certified copy as per Rules.
Rubi
(A.K. Mohapatra)
Vacation Judge