IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6640 of 2026 Ejaz Ahmed @ Guddu @ ..... Petitioners Sunar & Anr. Represented By Adv. – Mr. Kuldeep Mohanty -versus- State of Odisha ..... Opposite Parties Represented by Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Counsel for the State-Opposite Parties. Perused the records. 3. The present application has been filed under Section 482 of the BNSS, 2023 for releasing the Petitioners on anticipatory bail for alleged commission of offences under Sections 329(3), 351(2), 3(5) of the BNS 2023 read with Sections 3(1)(f), 3(1)(r), 3(1)(s), 3(2)(va), of the SC and ST (PoA) Act. 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 u/s 482 of B.N.S.S. is not maintainable. The provisions of section 482 of B.N.S.S. is not applicable to the case Page 1 of 3. registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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. 5. The Petitioners shall surrender before the learned 1st Additional District & Sessions Judge, Rourkela in Spl. G.R. Case No.25 of 2026, arising out of Plantsite P.S Case No.563 of 2026 on or before 17.07.2026. 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. 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. While considering the bail application, the learned court in seisin over the matter shall apply the principles of parity.

7. Till the date of surrender of the Petitioners as stipulated in this order, the Petitioners shall not be arrested in connection with Page 2 of 3. the aforesaid case. 8. The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. (Aditya Kumar Mohapatra) Vacation Judge Suchitra Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Page 3 of 3.Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 20-Jun-2026 16:26:42

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6640 of 2026 Ejaz Ahmed @ Guddu @ ..... Petitioners Sunar & Anr. Represented By Adv. – Mr. Kuldeep Mohanty -versus- State of Odisha ..... Opposite Parties Represented by Adv. – Mr. D.K. Sahoo, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Counsel for the State-Opposite Parties. Perused the records. 3. The present application has been filed under Section 482 of the BNSS, 2023 for releasing the Petitioners on anticipatory bail for alleged commission of offences under Sections 329(3), 351(2), 3(5) of the BNS 2023 read with Sections 3(1)(f), 3(1)(r), 3(1)(s), 3(2)(va), of the SC and ST (PoA) Act. 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 u/s 482 of B.N.S.S. is not maintainable. The provisions of section 482 of B.N.S.S. is not applicable to the case Page 1 of 3. registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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. 5. The Petitioners shall surrender before the learned 1st Additional District & Sessions Judge, Rourkela in Spl. G.R. Case No.25 of 2026, arising out of Plantsite P.S Case No.563 of 2026 on or before 17.07.2026. 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. 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. While considering the bail application, the learned court in seisin over the matter shall apply the principles of parity.

7. Till the date of surrender of the Petitioners as stipulated in this order, the Petitioners shall not be arrested in connection with Page 2 of 3. the aforesaid case. 8. The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. (Aditya Kumar Mohapatra) Vacation Judge Suchitra Signature Not Verified Digitally Signed Signed by: SUCHITRA BEHERA Page 3 of 3.Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 20-Jun-2026 16:26:42