Lalita Baral v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2687 of 2022 Lalita Baral ....

Petitioner Mr. R. Singh, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 01.

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

Learned counsel for the petitioner submits that the petitioner is the daughter of Alekh Sahu, but inadvertently in the cause title of the anticipatory bail application, the same has been typed as wife of Alekh Sahu and therefore, the petitioner be read as daughter of Alekh Sahu in place of wife of Alekh Sahu.

The submission is accepted.

Heard 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 Chauliaganj P.S. Case No.53 of 2022 corresponding to G.R. Case No.216 of 2022 pending in the Court of learned J.M.F.C. (City Court), Cuttack for alleged commission of offences under

// 2 // sections 341, 307, 506/34 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that two of the co-accused persons have already been released on bail and since the petitioner is a lady, her prayer for anticipatory bail may be favourably considered.

Learned counsel for the State 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 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 and the claim of parity with the coaccused 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 learned Courts below while disposing of the bail application shall keep in view the proviso to section 437(1) of Cr.P.C. The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo