← Library
Orissa High CourtABLAPL/1635/2022disposed off

Kumari Kandi @ Dei v. State Of Odisha

2022-02-28Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1635 of 2022

1. Kumari Kandi @ Dei

2. Jhunu Kandi

3. Rally @ Sasmita Kandi

4. Kanka Kandi

5. Ritarani Kandi

6. Sanjukta Samal @ Sanju Kani ....

Petitioners Mr. P. Mohanty, 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 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 Ranpur P.S. Case No.5 of 2022 corresponding to G.R. Case No.6 of 2022 pending in the Court of learned J.M.F.C., Ranpur for alleged

// 2 // commission of offences under sections 341/294/323/ 324/325/506/354/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that the case has turned to one under section 302 of the Indian Penal Code in the meantime and the petitioners are ladies and there are no criminal antecedents against any of the petitioners and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

In view of the available material on record, the nature and gravity of the accusation, while not inclining to grant anticipatory bail to the petitioners, I direct that in the event petitioners surrender and move for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of expeditiously by the Courts below in accordance with law and proviso to section 437(1) of Cr.P.C. shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Courts concerned. The ABLAPL stands disposed of.

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

p ( S.K. Sahoo) Judge

// 3 //