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Orissa High CourtABLAPL/738/2020disposed off

Rabindra Kumar Dalei v. State Of Odisha

2022-02-07Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.738 OF 2020 Rabindra Kumar Dalei ....

Petitioner Mr.A.S. Paul, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Das, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

07.02.2022 03.

1.

This matter is taken up by hybrid arranged Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Tangi P.S. Case No.388 of 2019 corresponding to G.R. Case No.522 of 2019 pending on the file of learned J.M.F.C., Tangi, running for alleged commission of offence under Section-420/468/471/406/34 of the IPC, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned case.

3.

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

4.

Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioners; it is observed that in the event the

// 2 // Petitioners surrender before the Court in seisin of the case within three weeks hence in the above mentioned case and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law without being prejudiced by this order so as to enable the Petitioners to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment; further taking into account the factum of grant of bail to the co-accused persons on bail for its consideration in their proper perspective.

The case records be made available at the cost of the Petitioner.

Interim order passed on 29.01.2020 does no more survive.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan