Kalandi @ Kalipada Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.1300 OF 2020 Kalandi @ Kalipada Ray & Four Others ....

Petitioners Mr.R.K. Dash, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr.S.K. Nayak, AGA, Mr. B.S. Dasparida, Adv. (Informant).

CORAM:

MR. JUSTICE D.DASH

ORDER

28.03.2022 04.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

The Petitioners having been implicated in Naikandihi P.S. Case No.27 of 2018 corresponding to G.R. Case No.64 of 2018 arising out of ICC Case 123 of 2019 for alleged commission of offence under section- 302/363/364/34 of the IPC pending on the file of learned J.M.F.C., Basudevpur, have filed this application under section 438 of the Cr.P.C. for their grant of anticipatory bail in the event of their arrest in the above mentioned case.

3.

Heard learned Counsel for the Petitioners and learned Counsel for the State as well as learned Counsel appearing for the Informant.

4.

Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being

// 2 // not inclined to grant of anticipatory bail to the Petitioners, this application is disposed of with the observation that in the event the Petitioners surrender before the Court in seisin of the aforesaid case and move for their release on bail, the same shall be considered on its own merit without being prejudiced by this order and disposed of early in accordance with law so as to enable the Petitioners to approach the next higher forum early in case necessity so arises.

The case record be made available at the cost of the Petitioners.

Interim order passed on 11.02.2020 stands vacated 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan