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Orissa High CourtABLAPL/160/2022disposed off

Chandan Kumar Dehury v. State Of Odisha

2022-10-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.160 of 2022 Chandan Kumar Dehury ....

Petitioner Mr. D. Dhar, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.10.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.195 of 2019, arising out of Deograh P.S. Case No.101 of 2019 pending in the court of learned S.D.J.M., Deograrh for commission of offences punishable under Sections 376(2)(n)/ 509/294/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the petitioner has approached this Court by filing ABLAPL No.10069 of 2019, which was disposed of by this Court vide order dated 13.02.2020 by directing the petitioner to surrender before the learned court below. However, it is further submitted by learned counsel for the petitioner that due to Covid-19 pandemic situation, the petitioner

// 2 // could not surrender before the learned court below and the present application has been filed. It is further submitted by learned counsel for the petitioner that on similar footing with the present petitioner, another co-accused has already been released on bail by this Court. 6.

Considering the submissions made by learned counsel for the petitioner, it is directed that the petitioner can avail the benefit of the bail order dated 13.02.2020, if the petitioner surrenders before the learned court below within a period of four weeks from today in the aforesaid case by maintaining the principles of parity, if applicable. 7.

With the aforesaid observation/direction, the bail application stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu