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Orissa High CourtABLAPL/2195/2021allowed

Alok Kumar Nandi v. State Of Odisha

2022-05-18Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2195 of 2021

1. Alok Kumar Nandi

2. Bikash Kumar Nandi ....

Petitioners @ Aditya Mr.A.N. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 06.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Balasore Sadar P.S. Case No. 254 of 2020 corresponding to C.T. Case No.757 of 2021 pending in the Court of learned S.D.J.M., Balasore for the commission of the alleged offence punishable under section 395 of the Indian Penal Code. Learned counsel for the State submits that she has not obtained any instruction in terms of the order dated 12.05.2022, however she submits that the petitioners are

// 2 // having no criminal antecedents.

Considering the submissions made by the learned counsel for the petitioners that the nature of accusation may at best make out a case under section 412 of the Indian Penal Code and the fact that petitioners have been granted interim protection since 16.03.2021 and there is no material that they have misutilized their liberty, the interim order dated 16.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo