Single bench order regarding anticipatory bail application filed by an uncle apprehending arrest. Court held that the offence under Section 3(1)(x) of SC/ST Act is not made out based on Ratikant Ray case. Ordered release on bail if arrested.
Application for anticipatory bail allowed; petitioner released on bail in event of arrest.
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ABLAPL No.2222 of 2016
21.06.2016
Heard learned counsel for the petitioner and learned Addl. Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 376(2)(i)(j)(n), 417 and 506/34 of the IPC read with Section 6 of the POCSO Act a
nd Section 3(2)(v) of the SC and ST (PA) Act in connection with Bhuban P.S. Case No.16/2016 co
rresponding POCSO 07/2016, pending in the court of learned Sessions Judge, Dhenkanal.
The petitioner happens to be uncle of the main accused. There is allegation un
der Section 376(2)(i)(j)(n), 417 and 506/34 of the IPC read with Section 6 of the POCSO Act an
d Section 3(2)(v) of the SC and ST (PA) Act against the main accused namely, Abhaya Das. Again
st the present petitioner, there is only allegation of offence under Sections 506/34 of the IP
C read with Section 3(1)(x) of the SC and ST (PA) Act. The occurrence took place prior to the
amendment of SC and ST (PA) Act. Hence, the police has registered a case under Section 3(1)(x)
of the SC and ST (PA) Act. However, applying the ratio decided by this Court in Ratikant Ray
v. State of Odisha, (2015) 61 OCR 217 to the present facts, this Court is of the opinion that
the offence under Section 3(1)(x) of the SC and ST (PA) Act is not made out and hence, the bar
under Section 18 of the Special Act is not applicable to the present case.
Keeping in view the aforesaid consideration, application for anticipatory bail
is allowed. In the event of his arrest in the aforesaid case, the petitioner shall be release
d on bail by the arresting officer on such terms and conditions as deemed just and proper by h
im
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
2 issues framed by the court
Whether the offence under Section 3(1)(x) of the SC and ST (PA) Act is made out prior to the amendment.
Whether the bar under Section 18 of the Special Act is applicable given the nature of the offence.
Colour shows how this judgement treated each authority
Ratikant Ray v. State of OdishaReferred¶5
Ratikant Ray v. State of Odisha, (2015) 61 OCR 217
4 provisions across 2 enactments
Petitioner
Abhaya Das
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court