Prasanta Kumar Rath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1462 of 2022 Prasant Kumar Rath ....

Petitioner Mr. L. Achari, Advocate -versusState of Odisha ....

Opp. Party Mr. A. Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State on instruction submitted that the notice on the informant is made sufficient.

None appears for the informant.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Bhanjanagar P.S. Case No.29 of 2022 corresponding to G.R. Case No.4 of 2022 pending in the Court of learned Addl. Sessions Judge -cumSpecial Judge, Bhanjanagar, Ganjam for alleged

// 2 // commission of offences under sections 341, 294, 385, 506, 507 of the Indian Penal Code and sections 3(2)(va) of S.C. & S.T. (PoA) Act.

Considering the submissions made by the learned counsel for the petitioner that the accusations against the petitioner are omnibus in nature, the ingredients of the offence under section 3 of the S.C. & S.T. (PoA) Act are not attracted and section 18 is not a bar for entertaining the application under section 438 of Cr.P.C. and on hearing the learned counsel for the State, who submitted that the petitioner has got no criminal antecedent and the fact that the petitioner has been granted interim protection as per order dated 22.02.2022 and there is no material that he has misutilized his liberty, the interim order dated 22.02.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge p