Jotiranjan Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2005 of 2022 Jotiranjan Nayak ....
Petitioner Mr.A.K. Sahoo, Advocate -versusState of Odisha ....
Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
15.03.2022 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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kendrapara P.S. Case No. 114 of 2017 corresponding to G.R. Case No.1415 of 2017 pending in the Court of learned S.D.J.M., Kendrapara for the commission of the alleged offence punishable under section 394 of the Indian Penal Code.
Learned counsel for the petitioner submitted that the F.I.R. was lodged against unknown persons and the offence is triable by Magistrate. Learned counsel further submitted that
// 2 // during the course of investigation one Bibhuti Prasad Nayak was taken into custody and basing on the statement of the said co-accused, the petitioner has been entangled in the case and therefore, the anticipatory bail application of the petitioner 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, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused person, who is stated to have been released on bail shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application.
The ABLAPL stands disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge P