Babaji @ Sibaji Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.379 of 2022 Babaji @ Sibaji Sethi ....

Petitioner Mr. U.C. Jena, Advocate -versusState of Odisha ....

Opp. Party Mr. G.N. Rout, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

01.02.2022 01.

Order No.

This matter is taken up by video conferencing mode. Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Bhadrak Rural P.S.

Case No.485 of corresponding to G.R. Case No.2944 of 2021 pending in the Court of learned S.D.J.M., Bhadrak for the commission of the alleged offences punishable under sections 436/354/506 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that due to previous dispute between the parties, the case has been foisted and the setting fire to the shop room is a concocted one and therefore, the anticipatory bail

// 2 // application of the petitioner may be favourably considered. Learned counsel for the State, on the other hand, submitted that the case diary reveals that there has been damage of the shop room and the amount of loss is around of Rs.50,000/- (rupees fifty thousand).

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. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands 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