Babul Kandi @ Babuli Kandi @ Guna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.4114 OF 2020 Babul Kandi @ Babuli Kandi @ Guna ....

Petitioner Mr.S.K. Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

28.02.2022 04.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in C.I.D.-C.B. P.S. Case No.01 of 2020 arising out of Sarankul P.S. Case No.85 of 2017 corresponding to G.R. Case No.156 of 2017 registered for alleged commission of offence under section 363/366/34 of the IPC, pending on the file of learned J.M.F.C., Odagaon, has filed this application under section 438 of the Cr.P.C. for his grant of anticipatory bail in the event of his arrest in the above mentioned case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this

// 2 // application is disposed of with the observation that in the event the Petitioner surrenders before the Court in seisin of the aforesaid case and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused person(s) on bail, if similarly situated with the Petitioner on the ground of parity if any, as per law and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises.

The case record be made available at the cost of the Petitioner.

Interim order passed on 11.05.2020 stands vacated 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan