IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3110 of 2026 Giridhari Prusty …. Petitioner Mr. R.K. Sarangi, Advocate Mr. D. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA Mr. A. Mishra, Advocate CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State as well as the Informant. 2. The Petitioner is seeking pre-arrest bail in connection with Spl. G.R. Case No.5/2026 pending on the file of learned Addl. Sessions Judge-cum-Spl. Judge, Karanjia, Dist-Mayurbhanj, arising out of Karanjia P.S. Case No. 61 of 2026 for commission of offences punishable under Sections 126(2)/ 132/ 115(2)/ 296/ 329(4)/ 351(2)/ 3(5) of BNS read with Section 3(1)/ 3(2)(v) of the SC and ST (PoA) Act, 1989. 3. It is submitted by the learned counsel for the Petitioner that even if the entire allegations borne out from the F.I.R, are taken at its face value, the ingredients of offence under Section 3(1)(2)(v) of the SC and ST (Poa) Act is not made out. 4. Such submission is opposed by the learned counsel for the State as well as the Informant. 5. Learned counsel for the State as well as the Informant, inter alia, submits that taking into account the nature of allegations under Section 3(1)(2)(v) of the SC and ST (Poa) Act, the anticipatory bail is not maintainable. 6. The law regarding the maintainability of anticipatory bail in an accusation made under The SC and ST (Poa) Act is no longer res integra. 7. The Apex Court in the case of Shajan Sakaria Vrs. State of Kerala, 2024 SCC online SC 2249, has clarified that there is no absolute embargo for the Court to entertain the application of pre-arrest bail on prima facie satisfaction that this Case is not made out. 8. On perusal of the materials on record as well as the 161 Cr.P.C statement, this Court is persuaded hold that prima facie the offence under Section 3(1)(2)(v) is not made out, taking note of the nature of allegations and the age of the Petitioner (72 years) and the affidavit regarding the health condition that he is “terminally ill”, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. 9. It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 10. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer