Ashok Kumar Kar @ Sana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2941 of 2022 Ashok Kumar Kar @ Sana ....

Petitioner Mr. R.N. Rout, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). None appears on behalf of 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 Soro P.S. Case No.100 of 2022 corresponding to Special Case No.25 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge (SC/ST), Balasore for alleged commission of offences under sections 341/294/448/ 506/34 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act.

// 2 // Perused the F.I.R.

Learned counsel for the State has produced the written instruction dated 10.05.2022 received from the Inspector in-charge of Soro police station to the effect that the petitioner has no criminal antecedents. The written instruction is taken on record.

Considering the submission made by the learned counsel for the petitioner that the ingredients of the offence under section 3 of the S.C. and S.T. (PoA) Act are not made out and therefore, section 18 of the said Act is not a bar to entertain this anticipatory bail application and taking into account the nature of accusation against the petitioner, the interim order dated 19.04.2022 is made absolute.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM