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2026 DAILYLAW 4687 (ORI)

BISWAJIT MOHANTA v. STATE OF ODISHA

ABLAPL/1438/2026 · 2026-03-13

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.1438 of 2026 Biswajit Mohanta & another …. Petitioners Mr. H. K. Mohanta, Advocate -Versus- State of Odisha …. Opposite Parties Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.02.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with C.T. Case No.03 of 2026 pending in the file of learned District and Sessions Judge-cum-Special Court, Baripada, Mayurbhanj arising out of Betnoti P.S. Case No.16 of 2026 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 p. 2 court below with an application for bail to be considered in the light of the decision of this Court in Pramod Kumar Ray and 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 surrender before the court of learned District and Sessions Judge-cum- Special Court, Baripada, Mayurbhanj within a fortnight from today in connection with Betnoti P.S. Case No.16 of 2026 corresponding to C.T. Case No.03 of 2026 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) with a proper notice to the informant but till they surrender, it is further directed that he shall not be arrested by the local police. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Sumitra