Manoj Kumar Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2196 of 2022 Aruna Ray ....

Petitioner Mr.D. Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.03.2022 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 Bamapada Industrial Area P.S. Case No. 199 of 2021 corresponding to C.T. Case No.1025 of 2021 pending in the Court of learned S.D.J.M., Balasore for the commission of the alleged offences punishable under sections 341, 388, 302, 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that one of the co-accused was taken into custody and

// 2 // he has already been released on bail by this Court. He further submitted that there is no specific overt act alleged against the petitioner.

Learned counsel for the State opposed the prayer for anticipatory bail mainly on the ground that it is a case under section 302 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today, the same shall be disposed of by the learned Courts below in accordance with law expeditiously and the claim of parity with the co-accused persons, who are stated to have been released on bail may 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.

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

( S.K. Sahoo) Judge P