Uttam Kumar Kanungo v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2699 of 2022 Uttam Kumar Kanungo ....
Petitioner Mr.A.N. Samantaray, Advocate -versusState of Odisha ....
Opp. Party Mr. D.K. Pani, 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). Heard 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 EOW CID CB Bhubaneswar P.S. Case No.1 of 2012 corresponding to G.R. Case No.1464 of 2012 pending in the court of learned S.D.J.M., Sadar, Cuttack for alleged commission of offences under sections 419, 420, 438, 471, 34 Indian Penal Code. In view of the nature and gravity of the accusation against the petitioner and since it is a case of the year 2012 and the petitioner has approached this Court almost after ten years of lodging of the first information
// 2 // report, I am not inclined to release the petitioner on anticipatory bail.
Learned counsel for the petitioner submits that some of the co-accused persons have already been released on bail. He further submitted that the petitioner may be permitted to surrender in the Court below and move for bail and the claim of parity may be taken into account while adjudicating the bail application.
Considering the submissions made by the learned counsel for the petitioner, it is ordered that in the event the petitioner surrenders and moves for bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused persons, who are stated to have been released on bail. The case records shall be made available to the Court concerned.
The ABLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge P