Nasim Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2672 of 2022 Nasim Khan ....

Petitioner Mr. D.K. Mohapatra, Advocate -versusState of Odisha & another ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Sundargarh Town P.S. Case No. 72 of 2022 corresponding to Spl. G.R. Case No.31 of 2022 pending in the Court of learned Sessions Judge, Sundargarh for the commission of the alleged offences punishable under sections 341, 323, 506 and 379 of the Indian Penal Code and sections 3(1)(r) and 3(1)(s) of the S.C. & S.T. (PoA) Act, 2015.

Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Learned counsel for the State on instruction submitted that the petitioner has got five nos. of criminal antecedents.

In view of the nature of accusation against the petitioner and since one of the offences is under section 3 of the S.C. & S.T. (PoA) Act and section 18 is a bar for entertaining the application for anticipatory bail, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Court below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo