Dhuleswar Pradhan v. State of Odisha
Anticipatory Bail – Section 482 BNSS, 2023 – Maintainability
Case brief
What is this about?
ABLAPL No.344 of 2025, High Court of Orissa at Cuttack, order dated 13.01.2025 by Justice Aditya Kumar Mohapatra. Seven petitioners sought anticipatory bail under Section 482 BNSS, 2023; the Court found no F.I.R. was registered against them and held the application not maintainable, disposing it of while directing the Arresting Officer to explore Section 35(3)(4)(5) BNSS, 2023 safeguards in line with Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Keywords: anticipatory bail, Section 482 BNSS, no FIR, Section 35(3)(4)(5) BNSS, Arnesh Kumar, maintainability.
What did the court decide?
No anticipatory bail granted. The ABLAPL was disposed of with a direction to the Arresting Officer to explore the possibility of applying Section 35(3)(4)(5) BNSS, 2023, if applicable, and urgent certified copy was ordered to be issued as per Rules.