Mukesh Mishra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2745 of 2022 Mukesh Mishra ....
Petitioner Mr. Abhas Mohanty, Advocate -versusState of Odisha ....
Opposite Party Mr. YSP Babu, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
21.04.2022 02.
1.
This matter is taken up through Hybrid Arrangement Order No.
(Virtual/Physical Mode).
2.
Heard learned counsel for both the parties and perused the records.
3.
This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.
4.
As it appears from the record, the Petitioner had earlier field a bail application, i.e. ABLAPL No.1098 of 2022. This Court after considering the materials on record has been pleased to direct the Petitioner vide its order dated 04.02.2022 to surrender before the court below and move for bail. However, due to communication gap, he could not surrender before the learned court below within the stipulated period of time. Therefore, the present bail application has been filed. It is submitted that the principal accused has been acquitted in the trial. He further submits that the informant in his cross-examination has submitted that he does not want to pursue this bail application any further.
// 2 // 5.
Considering the facts and circumstances of the case, this Court in disposal of the bail application directs the Petitioner to surrender before the learned J.M.F.C., Binika in G.R. Case No.192 of 2021, arising out of Binika P.S. Case No.203 of 2021 within a period of ten days. In such event, learned Magistrate shall consider the bail application of the Petitioner taking into consideration the fact that the principal accused, namely, Bablu @ Chitrasen Bagh has been acquitted by the learned J.M.F.C., Binika, vide its order dated 28.03.2022.
6.
It is further made clear that in the event an application is filed, the case record shall be made available. 7.
With the above direction, the ABLAPL stands allowed. 8.
Issue urgent certified copy as per rules.
(A.K. Mohapatra) Judge U.K.Sahoo