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Orissa High CourtABLAPL/833/2022disposed off

Biswajit Pradhan v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 833 of 2022 Biswajit Pradhan ....

Petitioner Mr. A.K. Parida, Advocate -versusState of Odisha ....

Opp. Party Mr. Deepak Ranjan Parida, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

03.02.2022 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 Delanga P.S. Case No.10 of 2022 corresponding to G.R. Case No.22 of 2022 pending in the Court of learned J.M.F.C., Pipili for alleged commission of offences under sections 147/148/ 341/294/353/332/333/506/307/149 of the Indian Penal Code.

// 2 // Learned counsel for the petitioner submitted that some of the co-accused persons have already been taken into custody and they have been released on bail and the injuries sustained by the injured persons are simple in nature and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State on the other hand, opposed the prayer for bail and submitted that it is an attack on public servants who were on the duty.

In view of such submission, while not inclining to grant anticipatory bail to the petitioner, it is directed that in the event the petitioner surrenders in the Court below and moves for bail within a period of four weeks from today, the same shall be considered and disposed of by the Court below expeditiously and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused, who is stated to have been released on bail, in accordance with law. The case records shall be made available to the Court concerned.

The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out

// 3 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge