Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3270 of 2026 Biraj @ Biraja Singh Dalpaty ..... Petitioner Represented By Adv. – Mr. Asit Kumar Jena -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. Aurobinda Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 27.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the Anticipatory Bail Application as well as the F.I.R. 3. The present application has been filed for releasing the Petitioner on anticipatory bail for alleged commission of offences under Sections 294/323/506 of Indian Penal Code read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of S.C. & S.T. (PoA) Act, 1989. However, 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, the present application under Section 438 of Cr.P.C. is not maintainable. The provisions Page 2 of 3. of Section 438 of Cr.P.C. 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 Sessions Judge-cum-Special Judge, Nuapada in G.R. Case No.451 of 2023, arising out of Khariar P.S. Case No.253 of 2023 on or before 18.05.2026. 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 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 Page 3 of 3. this order, the Petitioner shall not be arrested in connection with the aforesaid case. 8. The ABLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis