Rajib @ Rajeeb Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2648 of 2022

1. Rajib @ Rajeeb Kumar Das

2. Sanjib Kumar Das @ Sanjaya Kumar Das

3. Ranjan Das @ Ranjan Kumar Das ....

Petitioners Mr. D.K. Sahoo, Advocate -versus1. State of Odisha

2. Manoranjan Tarai ....

Opp. Parties Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

26.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State on instruction submitted that notice on the informant is sufficient. None appears for the informant.

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

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Aul P.S. Case No.46 of 2022 corresponding to T.R. Case No.18 of 2022 pending in

// 2 // the Court of learned Sessions Judge -cum- Special Judge, Kendrapara for the commission of the alleged offences punishable under sections 341, 324, 307, 294, 506/34 of the Indian Penal Code and sections 3(1)(r), 3(1)(s), 3(2)(va) of the S.C. & S.T. (PoA) Act. Learned counsel for the State on instruction submitted that the informant is the injured in this case and he has sustained two simple injuries and the case diary further reveals that there are no criminal antecedents against any of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the nature of accusation against the petitioners, the nature of injury sustained by the injured and absence of any clinching materials to make out a case under section 3 of the S.C. & S.T. (PoA) Act and absence of the bar under section 18 of the said Act, the interim order dated 05.04.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo