Korikana Dileshu @ Dilesh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1161 of 2022

1. Korikana Dileshu @ Dilesh

2. Gumudi Lachaman Rao @ Kaira

3. Asipatri Bairi @ Bairagi

4. Korikani Rama Rao

5. Kurikani Sundar Rao

6. Gumidi Tanka Rao @ Tankeya

7. Kurikana Teja

8. Asupatri Umapati

9. Turuka Daleya

10. Korikana Duryadhana

11. Korikana Tulseya @ Tulasa

12. Kurikana Duryodhan

13. Gumudi Kameshu @ Kamesh ....

Petitioners Mr.P.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

08.02.2022 01.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

// 2 // Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.39 of 2022 arising out of Jarada P.S. Case No.27 of 2022 pending in the Court of learned J.M.F.C., Patrapur for alleged commission of offences under sections 147/148/294/323/324/325/ 326/307/506/ 149 of the Indian Penal Code read with section 27 of the Arms Act, 1959.

Perused the F.I.R.

Learned counsel for the petitioners submitted that during the course of investigation, one coaccused was arrested and he was released on bail and the petitioners may be permitted to surrender in the Court below and move for bail and the claim of parity with the co-accused may be taken into account while adjudicating the bail application.

Learned counsel for the State has no serious objection to such prayer.

Considering the submissions made by the learned counsel for the respective parties, 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 before the learned Court below within a period of four weeks from today, the same

// 3 // shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

p ( S.K. Sahoo) Judge