Jitu Sika @ Chudamani Sika v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1634 of 2022 ....

Petitioner Jitu Sika @ Chudamani Sika Mr. J. Sahu, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Mishra Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

28.02.2022 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.742 of 2019 arising out of Puintala P.S. Case No.116 of 2019 pending in the Court of learned S.D.J.M., Balangir for alleged commission of offences under section 394 of the Indian Penal Code.

Perused the F.I.R.

// 2 // Learned counsel for the petitioner submitted that during the course of investigation, some of the co-accused persons were arrested and they were released on bail and the petitioner is similarly situated. Learned counsel for the State opposed the prayer for anticipatory 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 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

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