Philiman Kinihadaka @ Paliman v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1440 of 2022

1. Philiman Kinihadaka @ Paliman

2. Marka Jaramundaka

3. Jisaya Kinihadaka ....

Petitioners Mr.S.S. Ray (2), Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Chandrapur P.S. Case No. 03 of 2022 corresponding to T.R. Case No.18 of 2022 pending in the Court of learned Addl. Sessions Judge - cum- Special Judge, Gunupur for the commission of the alleged offences punishable under sections 20(b)(i)(a)/25 of the N.D.P.S. Act.

// 2 // Learned counsel for the petitioners submitted that there are no eye witnesses to the occurrence and not a single independent witness has stated about the involvement of the petitioners in the alleged crime and on the basis of confidential inquiry, the petitioners have been arrayed as accused and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Since the case involves offences under the N.D.P.S. Act, 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 Court below within a period of four weeks from today the learned Court below shall dispose of the same expeditiously in accordance with law. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge P