CRLMC/3039/2026 of MOHAMMED RASID@HAFIZ@SK. RASID MOHAMMAD Vs STATE OF ODISHA on 1 September 2026

ORDER

01.09.2026 Order No.

01.

1. This matter is taken up through Hybrid Mode. I.A No.2324 of 2026

2. Learned counsel for the Petitioner submits that the Petitioner does not want to press the I.A application.

3. Accordingly, the I.A application is disposed of as not pressed. CRLMC No.3039 of 2026

4. Heard learned counsels for the parties and perused the records.

5. This is an application under Section 528 of the BNSS has been filed by the Petitioner with a prayer to quash the initiation of criminal proceeding in connection with Nemalo P.S Case No.161

of 2026 which corresponds to C.T Case No.167 of 2026 pending in the court of the learned Presiding Officer, Special Court under the SC & ST (PoA) Act, Cuttack.

6. Learned counsel for the Petitioner submitted that the co- accused persons have already been released on bail. During course of argument, he further submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and moves for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day.

7. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

8. 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.

9. The Petitioner shall surrender before the learned Presiding Officer, Special Court under the SC & ST (PoA) Act, Cuttack within three weeks in C.T Case No.167 of 2026 for commission of alleged offences under Sections 126(2)/296/115(2)/117(2)/118(2)/ 109(1)/351(2)/351(3)/3(5) of BNS, 2023 read with Section 3(l)(r)/3(l)(s)/3(2)(v) of SC & ST (POA) Act. Seven days before the Petitioner surrenders before the said Court, he or his 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 counsel or dependent.

10. 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 strictly on the basis of the materials on record. While considering the bail application of the Petitioner, the learned court below shall apply the principles of parity.

11. Till the date of surrender of the Petitioner as stipulated in this order, the Petitioner shall not be arrested in connection with the aforesaid case.

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:29 Signature Not Verified