Rabindra Behera @ Budhia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.275 of 2022 Rabindra Behera @ Budhia ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mr.P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.07.2022 02.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the records.

3.

The Petitioner is apprehending arrest for the alleged commission of offences under Sections 272/273/34 of the Indian Penal Code read with Section 52(a) of Odisha Excise Act in C.T. Case No.969 of 2021 of the Court of the learned S.D.J.M., Balasore, arising out of Chandipur P.S. Case No.90 of 2021. 4.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

5.

It is submitted by the learned counsel for the Petitioner that one of the co-accused has already been released on bail. 6.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Balasore in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate

// 2 // shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8.

The ABLAPL is accordingly disposed of.

9.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge subhasmita