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2026 DAILYLAW 762 (ORI)

DILLIP SWAIN @ DILLIP KUMAR SWAIN v. STATE OF ODISHA

ABLAPL/849/2026 · 2026-02-09

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.849 of 2026 Dillip Swain @ Dillip Kumar Swain & another …. Petitioners Mr. A.S. Paul, Advocate -Versus- State of Odisha & another …. Opposite Parties Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 01. 1. Heard learned counsel for the petitioners and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Agarpada P.S. Case No.107 of 2012 corresponding to Special Case No.116 of 2013 pending in the file of learned Special Judge, Bhadrak on the grounds stated. 3. Perused the FIR as at Annexure-1. A case under the SC & ST (PoA) Act is registered besides the offences under the IPC. Gone through the report revealing therein the details of the circumstances leading to the alleged incident and assault by the petitioners. Recorded the submissions of learned counsel for the respective parties. This Court is of the view that as an offence under the SC & ST (PoA) Act is alleged and further informed by Mrs. Mohanty, learned ASC for the State that NBWAs are pending execution, this Court is of the view that the petitioners should be directed to surrender before the p. 2 learned Special Judge, Bhadrak for consideration of their bail plea in the light of the decision of this Court in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309 and for orders with a proper notice to the informant. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of and till such time, the petitioners surrender before the learned Special Judge, Bhadrak in connection with Special Case No.116 of 2013 corresponding to Agarpada P.S. Case No.107 of 2012 within a fortnight from today, they shall not be arrested in Agarpada P.S. Case No.107 of 2012. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU