Krushna Chandra Rout Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Krushna Chandra Rout Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

ABLAPL disposed of: petitioners directed to surrender before the learned trial Court and supply the additional copy of the bail application to the Public Prosecutor for hearing; petitioners may be admitted to interim bail pending disposal of the regular bail application on merits, other penal offences also being invoked.

Issue for consideration

Whether the petitioners should be granted pre-arrest (anticipatory) bail in connection with Brahmagiri P.S. Case No.30 of 2026 / Special G.R. Case No.16 of 2026 involving offences under the BNS, 2023 r/w the SC & ST (PoA) Act. +1 more

Court's answer

Regard being had to paragraph-23 of the judgment in Pramod Kumar Ray (supra), the fact scenario of the present case and the nature of the allegations against the petitioners, the Court disposed of the bail application, keeping it open for the petitioners to surrender before the learned trial Court and supply the additional copy of the bail application to the Public Prosecutor for the purpose of hearing of the bail application.

Ratio / Principle

The petitioners may be admitted to the interim bail pending disposal of the regular bail application, on consideration of the case on merit, as other penal offences are also invoked in this case.

Key takeaways

The basis of the disposal was expressly paragraph-23 of the judgment in Pramod Kumar Ray (supra); the content of that paragraph is a quoted precedent, not this Court's own holding.ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail - High Court of Orissa at Cuttack - ABLAPL No.2717 of 2026 (order dated 05.05.2026, Justice Sibo Sankar Mishra). Three petitioners sought anticipatory bail in Brahmagiri P.S. Case No.30 of 2026, corresponding to Special G.R. Case No.16 of 2026 pending before the learned Special Judge, Puri, for alleged offences under Sections 296/115(2)/126(2)/351(2)/303(2)/3(5) of the BNS, 2023 r/w Section 3(2)(va)/3(r)(s) of the SC & ST (PoA) Act, arising out of an incident of 24.01.2026 in which the complainant/victim alleged obscene abuse, wrongful restraint, snatching of Rs.3,000/- and threat by taking the name of caste. Relying on paragraph-23 of Pramod Kumar Ray vs. State of Orissa, (2017) 67 OCR 309, and considering the fact scenario and nature of allegations, the Court disposed of the application: petitioners to surrender before the learned trial Court and supply an additional copy of the bail application to the Public Prosecutor for hearing, and may be admitted to interim bail pending disposal of the regular bail application on merits, other penal offences also being invoked.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2717 of 2026

1. Krushna Chandra …. Petitioner(s) Rout

2. Debendra Kumar Jena

3. Gangadhar Behera

Mr. Bibhu Prasad Mohanty, Advocate

-versus-

State of Odisha & another …. Opposite Party(s)

Mr. Debaraj Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

02.

1. Heard.

05.05.2026

2. The petitioners are seeking pre-arrest bail in connection with Brahmagiri P.S. Case No.30 of 2026 corresponding to Special G.R. Case No.16 of 2026 registered for alleged commission of offences punishable under Sections 296/115(2)/126(2)/ 351(2)/ 303(2)/3(5) of the BNS, 2023 r/w Section 3(2)(va)/ 3(r)(s) of the SC & ST (PoA) Act, pending in the Court of the learned Special Judge, Puri.

3. Learned counsel for the petitioners, on instruction

from the petitioners, submits that except the present

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bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R.

4. The allegation against the petitioners is that on 24.01.2026 at about 9.05 P.M., the complainant reported at the P.S. alleging that when the complainant/victim had been to see Gobardhan Barage gate, at that time, the accused Krushna Chandra Rout along with three others conjointly, abused in obscene language with intention to criminally hurt and wrongfully restrained and snatched away Rs.3,000/and threatened by taking the name of caste. Hence, the case.

5. Learned counsel for the petitioners submits that since the offence under the SC/ST Act has been invoked in the present case, matter could be disposed of in terms of the judgment in the case of Pramod Kumar Ray vs. State of Orissa , reported in ( 2017) 67

OCR , 309 .

6. Regard being had to paragraph-23 of the judgment of Pramod Kumar Ray (supra), the fact

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scenario of the present case and the nature of the allegations against the petitioners, this bail application

is disposed of, keeping it open for the petitioners to surrender before the learned trial Court and supply the additional copy of the bail application to the Public Prosecutor for the purpose of hearing of the bail application. The petitioners may be admitted to the interim bail pending disposal of the regular bail application on consideration of the case on merit as other penal offences are also invoked in this case.

7. With the aforementioned observation and direction, the ABLAPL is disposed of.

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: HIgh Court of Orissa, Cuttack. Date: 05-May-2026 18:26:37

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