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Orissa High CourtABLAPL/424/2022disposed off

Anirudha Jena v. State Of Odisha

2022-02-01Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 424 of 2022 Anirudha Jena ....

Petitioner Mr. B.Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

01.02.2022 01.

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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Dharmasala P.S. Case No.6 of 2022 corresponding to G.R. Case No. 19 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for alleged commission of offences under section 379/411/34 of the Indian Penal Code read with section 7 of the Essential Commodities Act, 1955.

Learned counsel for the petitioner submitted that the F.I.R. named accused persons were taken into

// 2 // custody and after two days, they have already been released on bail and the petitioner's implication in this case is based on confessional statement of the coaccused and therefore, the anticipatory bail application maybe favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below and moves for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused 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.

p ( S.K. Sahoo) Judge

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