Kanha @ Sumit Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1721 of 2022 Kanha @ Sumit Kumar Rout ....

Petitioner Mr. M. Swain, Advocate -versusState of Odisha ....

Opp. Party 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 the 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.07 of 2022 arising out of Pattamundai P.S. Case No.07 of 2022 pending in the Court of learned J.M.F.C., Pattamundai for alleged commission of offences under sections 363/294/506/34 of the Indian Penal Code. Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that the main allegation is against one Alok Barik and the petitioner, who is the friend of the said co-accused, has

// 2 // been falsely entangled in the case and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered. Learned counsel for the State opposed the prayer for anticipatory bail and submitted that the victim was aged about sixteen years at the time of occurrence and she is yet to be rescued.

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 and moves for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned for adjudication of the bail application.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM