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Orissa High CourtABLAPL/2743/2022disposed off

Kankada @ Bishnu Charan Swain v. State Of Odisha

2022-04-06Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2743 of 2022

1. Kankada @ Bishnu Petitioners Charan Swain

2. Kunu @ Pabitra Rout

3. Chaitanya Rout

4. Titu @ Binod Rout ....

Mr.C.R. Satapathy, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 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 Choudwar P.S. Case No. 84 of 2022 corresponding to G.R. Case No.435 of 2022 pending in the Court of learned J.M.F.C. (R), Cuttack for the commission of the alleged offences punishable under sections 147/148/323/324/325/307/149 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail

// 2 // application.

Learned counsel for the petitioners submitted that some of the co-accused persons were taken into custody and have been released on bail in the Court below and therefore, the prayer for anticipatory bail of the petitioners 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 and keeping in view the nature of accusation against the petitioners, 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.

P ( S.K. Sahoo) Judge