Bijaya Samal v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL NO.1297 OF 2020 Bijaya Samal & Another ....
Petitioners Mr. A. Tripathy, Advocate -versusState of Odisha ....
Opposite Party Mr. D.R. Parida, ASC, Mr. R. Biswal, Adv. (Informant).
CORAM:
MR. JUSTICE D.DASH
ORDER
11.02.2022 Order No.
03.
1.
This matter is taken up through hybrid arrangement (virtual/physical) mode.
2.
Learned counsel for the Petitioners submits that here in the case, these Petitioners being the parents of accused Bablu @ Biswajit Samal against whom the allegations as to commission of principal offence under Section-376(2)(n) of the IPC run have been unnecessarily arraigned in the case being falsely assigned with the role having no nexus with the commission of the said offence. It is further submitted that the attempt to implicate these Petitioners in the above manner is only to harass the whole family. In view of all the above and in the absence of any such impediment; he urges for grant of anticipatory bail to the Petitioners. 3.
Learned Counsel for the State as well as learned Counsel for the Informant while not disputing the position that here as against accused-Bablu @ Biswajit, the allegations in respect of commission of the principal offence run. He, however, oppose the move of the Petitioners in view of their role. 5.
Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding
// 2 // circumstances of the case as also concerning the Petitioners; it is directed that in the event the Petitioners surrender before the Court in seisin of the case in connection with Bonth P.S. Case No.175 of 2019 corresponding to G.R. Case No. 2389 of 2019 pending on the file of learned S.D.J.M., Bhadrak within three weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court.
4.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(D. Dash), Judge.
Narayan