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Orissa High CourtABLAPL/2725/2022allowed

Prakash Kumar Parida @ Papina v. State Of Odisha

2022-04-27Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2725 of 2022

1. Prakash Kumar Parida @ Papina

2. Harekrushna Parida @ Hadia

3. Biswajit Parida @ Baina

4. Soumya Ranjan Parida @ Chaina Parida

5. Rakib Khan @ Anwanur Khan

6. Kasim Khan @ Kasim

7. Farid Khan

8. Sudhakar Parida

9. Sridhar Parida

10. Sachidananda Parida

11. Birabar Parida

12. Pathani Parida

13. Bidyadhara Parida

14. Kasinath Sahoo @ Silu Sahoo

15. Sadananda Sahoo

16. Sudam Charan Beura @ Sudam Charan Dehura @ Bankim

17. Pratap Kumar Sahoo @ Tukuna Sahoo ....

Petitioners Mr.S.R. Mohapatra, Advocate -versus1. State of Odisha

2. Satyananda Sahoo ....

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

CORAM:

JUSTICE S.K. SAHOO

// 2 //

ORDER

Order No.

27.04.2022 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 sufficient.

None appears on behalf of the informant.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Khuntuni P.S. Case No.47 of 2022 corresponding to C.T. Case No.47 of 2022 pending in the Court of learned Presiding Officer, Designated Court under SC and ST (PoA) Act, Cuttack for alleged commission of offences under sections 147/148/323/ 294/427/307/379/149 of the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of SC and ST (PoA) Act, 1989.

Learned counsel for the State submitted that there are two injured persons in the case, namely, Anil Behera and Satyananda Sahoo and both of them have sustained simple injuries. He further submitted that the instruction has been received that the petitioner no.1 Prakash Kumar Parida @ Papina is having no criminal antecedent.

Considering the background of the case, the nature of accusation against the petitioners and there

// 3 // are no such materials to attract the ingredients of the offence under section 3 of the S.C. and S.T. (PoA) Act and section 18 of the said Act is not a bar to entertain this anticipatory bail application and the fact that the petitioners have been granted interim protection since 06.04.2022 and there are no materials that they have misutilized their liberty, the interim order dated 06.04.2022 is made absolute.

The ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P