Karna Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1238 of 2022 Karna Naik ....

Petitioner Mr. B.B. Routray, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1086 of 2020 arising out of Angul P.S. Case No.684 of 2020 pending in the Court of learned S.D.J.M., Angul for alleged commission of offences under sections 399/402 of the Indian Penal Code read with section 25 of the Arms Act.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the four co-accused persons were apprehended at the spot and disclosed the name of the petitioner and accordingly, the F.I.R. has been registered in the name of

// 2 // the petitioner and those four co-accused persons have been released on bail in the meantime and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused, who are stated to have been released on bail, 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