Allowed

Banalata Sahu@Banita Sahu v. State of Orissa

Orissa HC1 Sept 2015ABLAPL/10818/2015

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail for petitioners apprehending arrest under Sections 294/34 of the IPC read with Section 3(1)(x) of the SC & ST (PA) Act. The court held that no offence under the Special Act is made out based on precedent and the non-bailable nature was inapt. The offences are bailable, and the petitioners are established residents with low flight risk.

What did the court decide?

Application for anticipatory bail allowed. In the event of arrest, petitioners to be released on bail by the arresting officer on just terms.

Banalata Sahu@Banita Sahu Vs State of Orissa — Caste Atrocities | Orissa HC (2015)

¶1

ABLAPL No.10818 of 2015

¶2

01.09.2015 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel for the State.

¶3

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 294/34 of the IPC read with Section 3 (1)(x) of the SC & ST (PA) Act in G.R. Ca
se No.297 of 2015 of the court of learned S.D.J.M., Sonpur, arising out of Sonpur P.S. Case No
.91 of 2015.

¶4

 No offence under Section 3 (1)(x) of the SC & ST (PA) Act is made out as per t
he ratio decided by this Court in Ratikant Ray Vs. State of Odisha, (2015) 61 OCR 217. Hence,
this Court is of the opinion that the bar under Section 18 of the Special Act is not applicabl
e to the present case. The offence under Section 294 of the IPC is bailable in nature.
 Keeping in view the aforesaid consideration and the fact that the petitioners
are permanent residents of Sonpur Spinning Mill D Colony, PS/Dist. Sonpur, there is no chance
of their absconding from justice, application for anticipatory bail is allowed. In the event o
f arrest of the petitioners in the aforesaid case, they shall be released on bail by the arres
ting officer on such terms and conditions as deemed just and proper by him.
 The ABLAPL is disposed of accordingly.

¶5

 Urgent certified copy of this order be granted as per rules.

¶6

Banalata Sahu@Banita Sahu v. State of Orissa

Case brief

What is this about?

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Banalata Sahu@Banita Sahu v. State of Orissa

Case brief

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What did the court decide?

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