Allowed

Anupam Das v. State of Orissa

Orissa HC13 Jan 2016ABLAPL/15197/2015

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the Single Judge held that the bar under Section 18 of the SC and ST (Prevention of Atrocities) Act was not applicable. Finding no prima facie case against the petitioner, who was abroad during the incident.

What did the court decide?

The application for anticipatory bail is allowed; bail shall be granted by the arresting officer on just and proper terms and conditions.

2. Petitioner is apprehending arrest for the alleged commission of offences under Sections 4 47/294/506/420/34 of the I.P.C. and Section 3 (1)(x) of the S.C. and S.T. (P.A.) Act in C.T. Case No.1164/2015 of the court of learned S.D.J.M., Bhubaneswar arising out of Badagada P.S. C ase No.55/2015.

3. It is apparent from the record that this Court was not inclined to grant anticipatory ba il to the co-accused persons namely, Bijayalaxmi Das and Abhishek Das, who happens to be the mother and brighter of the present petitioner, in ABLAPL No.9323/2015 as per order dated 21 .7.2015.

4. However, learned counsel for the petitioner submits that the case of the present petiti oner stands on a different footing and there is no specific allegation against him as far as offence under Section 3 (1)(x) of the S.C. and S.T. P.A. Act is concerned. It is also app arent from the record that the contention of the learned counsel for the petitioner is true. Moreover, it is brought to the notice of this Court that the occurrence took place on 28.1.201 5 and report has been lodged on 16.3.2015. Learned counsel for the petitioner also brought to the notice of this Court that from 6.1.2015 to 28.2.2015 the petitioner was working at Japan a s per the certificate given by his employer, which has been annexed as Annexure-2 to the bail application.

5. Keeping in view the aforesaid consideration, this Court is of the opinion that the bar un der Section 18 of the aforesaid Act is not applicable to the present case. There is no prima f acie case against the present petitioner. Accordingly, the application for anticipatory bail o f the petitioner is allowed. In the event of his arrest, he shall be released on bail by the a rresting officer on such terms and conditions as deemed just and proper by him in the aforesai d case.

Anupam Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

Anupam Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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