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Orissa High Court
Banabasi Bisoi vs State Of Odisha ….. Opposite Parties on 10 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6297 of 2025
Banabasi Bisoi ..... Petitioner
Represented By Adv. -
Dipti Ranjan Bhokta
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr.J.K.Ray, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.06.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the appearing for the Parties.
Perused the records.
3. The present application has been filed under Section
438 Cr.P.C. for releasing the Petitioner on anticipatory bail. In
view of the bar under Section 18 & 18-A of the S.C. & S.T.Act,
the present application under Section 438 Cr.P.C. is not
maintainable. The provision of Section 438 Cr.P.C. 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 application is being disposed of with
the following observations.
Page 1 of 2.
5. The Petitioner shall surrender before the learned
Additional District Judge-cum-Sessions Judge. Umerkote in
Special T.R.Case No.14 of 2024 arising out of Dabugaon
P.S.Case No.113 of 2024 on or before 08.07.2025 for
commission of alleged offences under sections
U/Ss.341,323,324, 307,332, 353 of the Indian Penal Code
read with Section 3(1)(r),3(1)(s),3(2)(va) of SC & ST (PA) Act,
1989. 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
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
strictly on the basis of the materials on record.
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.
( A.K. Mohapatra )
Vacation Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH Page 2 of 2.
Designation: AR-CUM-Senior Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Jun-2025 14:09:09
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