LAWS(ORI)-2007-4-70

BALARAM JENA Vs. STATE OF ORISSA

Decided On April 12, 2007
Balaram Jena Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) HEARD Miss S. Ratho, learned counsel for the petitioners and the learned counsel for the State.

(2.) THIS application has been filed for grant of anticipatory bail in a case where FIR has been registered for commission of offences under Sections 294, 323, 506/34 of the Indian Penal Code read with Section 3 of the SC and ST (PA) Act. From the FIR it appears that the informant and two others had gone to a hotel to take food. There was quarrel between the informant and his group and the hotel staff and in the process it is alleged that the informant and his friends were assaulted. So far as the assault part is concerned, the case has been registered for commission of offence under Section 323 of the Indian Penal Code which is bailable in nature.

(3.) THERE is nothing on record to show that the petitioner had even knowledge that the informant belongs to scheduled caste community. I am, therefore, of the view that grant of anticipatory bail will not be a bar.