Basanti Mantri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.591 of 2022

1. Basanti Mantri

2. Litu @ Sheetal Mantri ....

Petitioners Mr. A.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing. Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Banki P.S. Case No. 366 of 2021 corresponding to G.R. Case No.483 of 2021 pending in the Court of learned S.D.J.M., Banki for the commission of the alleged offences punishable under sections 341, 323, 324, 325, 307, 427, 294, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that one of the co-accused has been arrested and he has been released on bail by the learned 2nd Addl. Sessions Judge, Cuttack and there is no such material to attract the ingredients of the offence under section 307 of the Indian Penal Code and

// 2 // therefore, the anticipatory bail application may be 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 and the nature and gravity of accusation, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to the petitioners to surrender and move for bail in the Court below within a period of four weeks from today, in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused persons, stated to have been released on bail, shall be taken into account. The case records shall be made available to the Courts 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 PKSahoo