Ratana Bhotra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1720 of 2022 Ratana Bhotra ....

Petitioner Mr.T.K. Mishra, Advocate -versus1. State of Odisha

2. Rukuna Gouda ....

Opp. Parties Mr.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.03.2022 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.27 of 2022 arising out of Jeypore Mahila P.S. Case No.02 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Jeypore for alleged commission of offences under sections 376(2)(n)/376(3)/328/294/34 of the Indian Penal Code read with sections 4(2) and 6 of the POCSO Act. Perused the F.I.R.

In view of the available materials on record and the nature and gravity of the accusation against the

// 2 // 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 Court below in accordance with law and while disposing of the bail application, the learned trial Court shall take into account the proviso to section 437(1) Cr.P.C. 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.

( S.K. Sahoo) Judge RKM