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Orissa High CourtABLAPL/3211/2022allowed

Ratikanta Giri v. State Of Odisha

2022-05-19Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3211 of 2022 Ratikanta Giri ....

Petitioner Mr.P.C.Jena, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.05.2022 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 Jaleswar P.S. Case No.312 of 2015 corresponding to Special Case No.201 of 2016 pending in the Court of learned Special Judge under S.C. & S.T.(PoA), Balasore for alleged commission of

// 2 // offences under sections 341/323/294/354/379/506/34 of the Indian Penal Code and sections 3(1)(x) of S.C. & S.T. (PoA) Act.

Considering the submissions made by the learned counsel for the petitioner that 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 05.05.2022 and there is no material that he has misutilized his liberty, the interim order dated 05.05.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo