Dillip Swain @ Dillip Kumar Swain Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

Dillip Swain @ Dillip Kumar Swain Vs State of Odisha — Anticipatory Bail | Orissa HC (2026)

What the court decided

AI extract

Outcome

ABLAPL disposed of with conditional interim protection: petitioners not to be arrested in Agarpada P.S. Case No.107 of 2012 until they surrender before the learned Special Judge, Bhadrak within a fortnight, whereafter their bail plea is to be considered with proper notice to the informant.

Issue for consideration

Whether the petitioners are entitled to pre-arrest (anticipatory) bail under Section 482 BNSS in connection with Agarpada P.S. Case No.107 of 2012 / Special Case No.116 of 2013, registered under the SC & ST (PoA) Act besides offences under the IPC.

Court's answer

As an offence under the SC & ST (PoA) Act is alleged and NBWAs are pending execution, the Court directed the petitioners to surrender before the learned Special Judge, Bhadrak for consideration of their bail plea in the light of this Court's decision in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309, with a proper notice to the informant.

Ratio / Principle

Until the petitioners surrender before the learned Special Judge, Bhadrak in connection with Special Case No.116 of 2013 corresponding to Agarpada P.S. Case No.107 of 2012 within a fortnight, they shall not be arrested in Agarpada P.S. Case No.107 of 2012.

Detailed headnote1 paragraphs

Anticipatory (pre-arrest) bail — S. 482 BNSS — ABLAPL No.849 of 2026, High Court of Orissa at Cuttack (R.K. Pattanaik, J.), order dated 09.02.2026: Petition by Dillip Swain @ Dillip Kumar Swain & another for pre-arrest bail in Agarpada P.S. Case No.107 of 2012 corresponding to Special Case No.116 of 2013 pending before the learned Special Judge, Bhadrak, registered under the SC & ST (PoA) Act besides offences under the IPC, with NBWAs pending execution. The Court did not grant bail directly but disposed of the ABLAPL, directing the petitioners to surrender before the learned Special Judge, Bhadrak within a fortnight for consideration of their bail plea in the light of this Court's decision in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309, with proper notice to the informant; until such surrender, the petitioners were not to be arrested in the said case.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.849 of 2026

Dillip Swain @ Dillip Kumar …. Petitioners Swain & another

Mr. A.S. Paul, Advocate

-Versus-

State of Odisha & another …. Opposite Parties

Mrs. S. Mohanty, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

09.02.2026

Heard learned counsel for the petitioners and State.

Instant petition has been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Agarpada P.S. Case No.107 of 2012 corresponding to Special Case No.116 of 2013 pending in the file of learned Special Judge, Bhadrak on the grounds stated.

Perused the FIR as at Annexure-1. A case under the SC & ST (PoA) Act is registered besides the offences under the IPC. Gone through the report revealing therein the details of the circumstances leading to the alleged incident and assault by the petitioners. Recorded the submissions of learned counsel for the respective parties. This Court is of the view that as an offence under the SC & ST (PoA) Act is alleged and further informed by Mrs. Mohanty, learned ASC for the State that NBWAs are pending execution, this Court is of the view that the petitioners should be directed to surrender before the

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learned Special Judge, Bhadrak for consideration of their bail plea in the light of the decision of this Court in Pramod Kumar Ray and others Vrs. State of Odisha (2017) 67 OCR 309 and for orders with a proper notice to the informant.

4. Accordingly, it is ordered.

In the result, the ABLAPL is disposed of and till such time, the petitioners surrender before the learned Special Judge, Bhadrak in connection with Special Case No.116 of 2013 corresponding to Agarpada P.S. Case No.107 of 2012 within a fortnight from today, they shall not be arrested in Agarpada P.S. Case No.107 of 2012.

6. Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

TUDU

Signature Not Verified

Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTC Date: 12-Feb-2026 19:56:25

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