Balaram Dandasena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2031 of 2022 Balaram Dandasena ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

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 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Special G.R. Case No.02 of 2022 arising out of Dungripali P.S. Case No.26 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Sonepur for alleged commission of offences under sections 450/376(2)(n)/376(3)/294/ 323/34 of the Indian Penal Code read with section 6 of the POCSO Act.

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

// 2 // Since the main allegation is against the petitioner and it is a case under section 376(3) of the Indian Penal Code and in view of sub-section (4) to section 438 of Cr.P.C., 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, the same shall be disposed of as expeditiously as possible by the learned Court 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