Akshay Singh @ Babuli v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2324 of 2022
1. Akshay Singh @ Babuli
2. Nndulal Singh @ Gopal
3. Smt. Laxmi Singh
4. Smt. Puja Singh
5. Smt. Anjali Sing
6. Smt.Sumati Singh Smt.
Jamuna Singh Petitioners ....
Mr.P.K. Nayak, Advocate -versusState of Odisha ....
Opp. Party Mr.J.P. Patra Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
22.03.2022 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 Raibania P.S. Case No. 83 of 2019 corresponding to C.T. Case No.874 of 2019 pending in the Court of learned J.M.F.C., Jaleswar for the commission of the alleged offences punishable under sections 323, 307, 147, 148, 354, 427, 149 and 324 of the Indian Penal Code.
// 2 // Perused the F.I.R. annexed to the anticipatory bail application.
Learned counsel for the petitioners submitted that some of the co-accused persons surrendered in the Court below as per the order passed by this Court passed in ABLAPL No.2668 of 2020 and they have already been released on bail and the petitioners are similarly situated and therefore, the prayer for anticipatory bail may be favourably considered. Learned counsel for the State, on the other hand, opposed the prayer for anticipatory bail.
Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to the petitioners 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 persons, who are 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 PKSahoo