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2026 DAILYLAW 9254 (ORI)

BABUL PADHI @ RAJU @ RAJANI KANTA PADHI v. STATE OF ODISHA

ABLAPL/554/2026 · 2026-01-27

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.526 of 2026 Bhimsen @ Chintamani Panda & others …. Petitioners Mr. S.K. Nayak, Advocate on behalf of Mr. S.N. Mishra-4, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC And ABLAPL No.554 of 2026 Babul Padhi @ Raju @ Rajani Kanta Padhi …. Petitioner Mr. S.K. Nayak, Advocate on behalf of Mr. P.K. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.01.2026 01. 1. Both the ABLAPLs are disposed of by the following common order. p. 2 2. Heard Mr. Nayak, learned counsel for the petitioners and Mr. Panda, learned ASC for the State. 3. Instant petitions under Section 482 BNSS are filed for pre-arrest bail of the petitioners in connection with Dhusuri P.S. Case No.01 of 2026 corresponding to Special Case No.01 of 2026 pending in the file of learned Sessions Judge-cum- Special Judge (S.C. & S.T.), Bhadrak on the grounds stated therein. 4. Perused the FIR as at Annexure-1. It is submitted by Mr. Nayak, learned counsel for the petitioners that no case is made out for the offence under Section 3 of the S.C. & S.T. (P.A.) Act in view of the Apex Court decision in Shajan Skaria Vrs. The State of Kerala and another decided on 23rd August, 2024. It is also submitted that the present case is on similar footing hence to be considered in the light of the decision of this Court in Pramod Kumar Ray and others Vrs. State of Orissa (2017) 67 OCR 309. Considering the submission as above and the response of the State, this Court is of the view that the petitioners should be directed to surrender before the learned court below for considering their bail plea in view of the decision in Pramod Kumar Ray (supra). 5. Accordingly, it is ordered. 6. In the result, ABLAPLs stand disposed of with the direction as aforesaid. It is further directed that in the event, the petitioners surrender before the court of learned Sessions Judge-cum-Special Judge (S.C. & S.T.), Bhadrak in connection p. 3 with Dhusuri P.S. Case No.01 of 2026 corresponding to Special Case No.01 of 2026 within a fortnight from today and upon receiving an application from them, it shall be dealt with in accordance with law and in view of the decision in Pramod Kumar Ray (supra) with a proper notice to the informant. 7. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok