Not Named In FIR – Doctor Got Anticipatory Bail In POSCO and SCST Act: Orissa High Court
In a significant ruling, the High Court of Orissa has granted anticipatory bail to Dr. Satyendra Prakash Verma, a petitioner in a case involving serious charges under the POCSO Act, IPC, and the SC & ST (Prevention of Atrocities) Act. Justice Sashikanta Mishra, presiding over the case, remarked that the absence of direct allegations against the petitioner in the FIR played a crucial role in the decision.
The case, registered as ABLAPL No. 50 of 2024, came under the spotlight after the petitioner, a doctor, was implicated during the investigation for his role in facilitating the delivery of a child. The child was born to a minor victim who alleged exploitation by the principal accused, Sanjeet Mahato.
Justice Mishra, in his judgment, highlighted, “There is not a whisper of allegation against the petitioner by the informant-victim much less of commission of the offence under Section 3 of SC & ST (PA) Act.” This observation was pivotal in determining the maintainability of the anticipatory bail application under Section 438 of Cr.P.C.
The court also addressed the preliminary objection raised by the State regarding the maintainability of the anticipatory bail application under the SC & ST (PA) Act. Referring to various Supreme Court and High Court precedents, Justice Mishra clarified that the bar under Section 18 and 18-A of the SC & ST (PA) Act does not apply if a prima facie case under the Act is not made out.
In concluding the judgment, the court directed, “In the event of arrest, the petitioner shall be released by the arresting officer on such terms and conditions as he may deem fit and proper to impose.”
This ruling brings to light the nuanced application of legal provisions concerning anticipatory bail, especially in sensitive cases involving minors and scheduled castes and tribes. The decision is seen as a significant precedent in balancing the rights of the accused with the severity of the allegations, especially in cases where the accused’s direct involvement is not clearly established.
Date of Decision: 25 January 2024
Dr. Satyendra Prakash Verma VS State of Odisha & another
