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2026 DAILYLAW 7359 (ORI)

PRAHALADA SWAIN v. STATE OF ODISHA

ABLAPL/3322/2026 · 2026-04-27

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3322 of 2026 Prahalada Swain ..... Petitioner Represented by Adv. – Sanjit Mishra -versus- State of Odisha & Anr. ..... Opposite Parties Represented by Adv. – U. C. Jena, A.S.C. 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 and learned Additional Standing Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 363, 366, 376(2),(n), 376(3) of IPC read with Section-9 of PCM Act and Section-6 of POCSO Act and under Section- 3(1)(r)(s)(w)(i)(ii),3(2)(v)(va) of SC & ST (PoA) Act in connection with Astarang P.S. Case No.6 of 2024 corresponding to Special G.R. Case No.119 of 2024 pending before the learned Special Judge (POCSO), Puri. 4. Learned counsel for the Petitioner submits that the Petitioner does not want to press this application and seeks liberty to surrender before the learned trial court and move an application for Page 2 of 2. bail. 5. Considering such submissions, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to consider the aforesaid observations made by this Court and dispose of the bail application of the Petitioner on the same day. While considering the bail application of the Petitioner, the learned trial court shall also apply the principles of parity. 6. The case diary as well as the other materials be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. 7. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Sumitra