Abhi Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1804 of 2022

1. Abhi Nag

2. Babuli @ Rajesh Khosla ....

Petitioners Mr. B. Maharatha, Advocate -versusState of Odisha ....

Opp. Party Mr. S.S. Pradhan, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.03.2022 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 Machhakund P.S. Case No.16 of 2015 corresponding to G.R. Case No.250 of 2015 pending in the Court of learned J.M.F.C., Lamtaput at Koraput for commission of the alleged offence punishable under section 393 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that two of the co-accused persons, who were apprehended at

// 2 // the spot, have already been released on bail and he has annexed the copy of the bail order. It is further submitted that the offence is triable by Magistrate and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, while not inclining to release the petitioners on anticipatory bail, it is observed that in the event the petitioners surrender and move for bail in the 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 and claim of parity with the co-accused persons, who are stated to have been released on bail, 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.

( S.K. Sahoo) Judge RKM