Guli @ Sanjeeb Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Guli @ Sanjeeb Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Application held not maintainable and disposed of; interim protection from arrest till surrender on or before 03.02.2025, with directions to surrender before the Additional Sessions Judge, Jajpur Road, service of bail-application copies on the Public Prosecutor seven days prior for victim notice, and same-day disposal of the bail application by the court in seisin.

Issue for consideration

Whether the anticipatory bail application under Section 482 of the B.N.S.S. is maintainable for offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, given the bar contained under Sections 18 and 18-A of that Act.

Court's answer

The anticipatory bail application under Section 482 of the B.N.S.S. is not maintainable owing to the bar under Sections 18 and 18-A of the SC & S.T. (PoA) Act, 1989; the provisions of Section 482 B.N.S.S. do not apply to cases involving an offence under that Act.

Ratio / Principle

Relying on the principle laid down by this Court in Pramod Kumar Ray (supra), the Court disposed of the bail application with observations instead of granting anticipatory bail.

Key takeaways

The Petitioners shall surrender before the learned Additional Sessions Judge, Jajpur Road in Spl. G.R. Case No.01 of 2025 (arising out of Korei P.S. Case No.478 of 2024) on or before 03.02.2025; seven days before surrender, their counsel shall serve copies of the bail application on the Public Prosecutor/Special Public Prosecutor for notice to the victim or his/her counsel or dependent.ratio¶15
On advance intimation, the case diary and other relevant materials are to be made available to the court in seisin by the date of surrender; that court is directed to consider the Petitioners' case in accordance with law and dispose of the bail application on the very same day.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail - maintainability - application under Section 482 of B.N.S.S. for alleged offences under Sections 296/351(2)/3(5) of the B.N.S., 2023 read with Sections 3(l)(r)(s)/3(2)(va) of the SC & S.T. (PoA) Act, 1989 - held not maintainable in view of the bar under Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Section 482 B.N.S.S. not applicable to cases involving PoA Act offences. Relying on Pramod Kumar Ray and others v. State of Odisha, (2017) 67 OCR 309, the High Court of Orissa disposed of the application with directions: Petitioners to surrender before the learned Additional Sessions Judge, Jajpur Road in Spl. G.R. Case No.01 of 2025 (arising out of Korei P.S. Case No.478 of 2024) on or before 03.02.2025; counsel to serve bail-application copies on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the victim; case diary to be made available on advance intimation and the court in seisin to dispose of the bail application the very same day; Petitioners not to be arrested till surrender.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.299 of 2025

1) Guli @ Sanjeeb Jena ..... Petitioners 2) Prahalada Jena Represented By Adv. – Mr. Ashok Kumar Behera -versus- 1) State Of Odisha ..... Opposite Parties 2) Lija Malik Represented By Adv. – Mr. M.R. Mohanty, AGA

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for the Petitioners and learned Additional Government Advocate for the State-Opposite Party. Perused the records.

The present application has been filed for releasing the Petitioners on anticipatory bail for alleged commission of offences under Sections 296/351(2)/3(5) of the B.N.S., 2023 read with Sections 3(l)(r)(s)/3(2)(va) of the SC & S.T. (PoA) Act, 1989. However, in view of the bar contained under Sections 18 as well as 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the present application under Section 482 of B.N.S.S. is not maintainable. The

Page 1 of 3.

provisions of Section 482 of B.N.S.S. is not applicable to the case registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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.

The Petitioners shall surrender before the learned Additional Sessions Judge, Jajpur Road in Spl. G.R. Case No.01 of 2025, arising out of Korei P.S. Case No.478 of 2024 on or before 03.02.2025. Seven days before the Petitioners surrender before the said Court, their 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.

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 Petitioners in accordance with law and shall dispose of the bail application on the very same day.

Till the date of surrender of the Petitioners as stipulated in

Page 2 of 3.

this order, the Petitioners shall not be arrested in connection with the aforesaid case.

The ABLAPL is, accordingly, disposed of.

Issue urgent certified copy as per Rules.

( A.K. Mohapatra) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 15-Jan-2025 10:20:01

Page 3 of 3.