KISHORE CHANDRA MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Addl. Government Advocate. The petitioner is apprehending arrest for the alleged commission of offences under Section 342, 323 and 325/34 of the I.P.C. read with Section 3(2) (vii) of the S.C. & S.T. (P.A.) Act in G.R. Case No. 790 of 2015 of the Court of J.M.F.C. (R), Cuttack, arising out of Olatpur P.S. Case No. 47 of 2015.

(2.) It is apparent from the records that offences under Sections 342, 323 and 325/34 are bailable in nature. Section 3(2) (vii) of the S.C. & S.T. (P.A.) Act alleging that the petitioner is a public servant (working as a Constable) such offence is attracted. A careful consideration of Section 3(2) (vii) Act reveals that it shall be attracted if a public servant commits an offence under Section 3 of the said Act. There is no allegation that he has not committed any such offence. Section 3(2) (vii) is not made out against the present petitioner. Hence, bar under Section 18 of the Act is not applicable.

(3.) Keeping in view the aforesaid consideration and the fact of the case, the application for anticipatory bail is allowed. It is directed that on the event of arrest, the petitioner shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Officer.