← Library
Orissa High CourtABLAPL/763/2022disposed off

Asini Bairagi v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.763 of 2022

1. Asini Bairagi

2. Archana Bairagi ....

Petitioners Mr.B.R. Maharatha, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 01.

This matter is taken up through video conferencing mode.

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 Raighar P.S. Case No.241 of 2021 corresponding to G.R. Case No.312 of 2021 pending in the Court of learned Nyayadhikari, Gramya Nyayalaya -cum- J.M.F.C., Raighar for commission of the alleged offences punishable under sections 363, 294, 506/34 of the Indian Penal Code.

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

Learned counsel for the petitioners submitted that the

// 2 // offences are triable by Magistrate and the main allegation is against the co-accused and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State, on the other hand, has opposed the prayer for anticipatory bail and submitted the victim is a minor girl and she has not yet been rescued. Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail in the Court below within a period of four weeks from today the same shall be disposed of by the learned Courts below in accordance with law expeditiously. 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