Jitendra Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.222 of 2022 Jitendra Sahoo ....

Petitioner Mr. A.K. Jena, Advocate -versusState of Odisha ....

Opp. Party Mr. Karunakar Nayak, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

31.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1438 of 2021 arising out of Baselisahi P.S. Case No.69 of 2021 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 408/379/294/506/34 of the Indian Penal Code. Perused the F.I.R.

Learned counsel for the petitioner submitted that co-accused Niranjan Das has been taken into judicial custody and his bail application has been allowed and the petitioner is similarly situated and therefore, the anticipatory bail application of the petitioner may be

// 2 // favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the coaccused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

( S.K. Sahoo) Judge RKM