Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2510 of 2026 Sunil Behera ..... Petitioner
Represented by Adv. - Bikash Kumar Pradhan -versus- State of Odisha ..... Opposite Party
Represented by Adv. - Smt. S.Nayak, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 22.04.2026
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.
3. The present application has been filed under Section 482 of B.N.S.S. for releasing the Petitioner on anticipatory bail. In view of the bar under Section 341/294/323/332/353 of the I.P.C., r/w Section-3(l)(r)/3(1)(s) of the SC & ST (POA) Act, the present application under Section 482 B.N.S.S. is not maintainable. The provision of Section 482 B.N.S.S. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.
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
Page 2 of 2. application is being disposed of with the following observations.
5. The Petitioner shall surrender before the learned Sessions Judge-Cum-Judge, Special Court, Deogarh in connection with Kundheigola P.S. Case No.0029 dated 15.03.2019 corresponding to Spl. G.R. Case No-03 of 2019 on 19.05.2026. Seven days before the Petitioner surrenders before the said Court, he or 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 learned 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 this
order, the Petitioner shall not be arrested in connection with the aforesaid case.
8. The ABLAPL is accordingly disposed of.
9. Issue urgent certified copy as per Rules.
Rubi
(A.K. Mohapatra)
Judge