Bhagirathi Baliarsingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5193 of 2020 Bhagirathi Baliarsingh & Others ....

Petitioners Mr.A. Pattnaik,, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA

CORAM:

MR. JUSTICE D.DASH

ORDER

16.03.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

The petitioners having been implicated in G.R. Case No.1431 of 2018 arising out of Kanas P.S. Case No.90 of 2018 registered for alleged commission of offence under sections 147/148/341/323/324/325/326/307/457/380/149, I.P.C.

read with sections 3/4 of the E.S. Act pending in the Court of the learned S.D.J.M., Puri have filed this application under section 438 Cr.P.C. for grant of bail in the event of their arrest in the said case.

3.

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

4.

Considering the submission, viewing the nature of accusations and other surrounding circumstances of the case,

// 2 // while being not inclined to grant anticipatory bail to petitioner no.1 , I am inclined to grant anticipatory bail to petitioner nos.2 to 4. Accordingly, it is directed that in the event the said Petitioner Nos.2 to 4 surrenders before the court in seisin of the case in connection with the aforesaid case, within three weeks hence and moves for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

It is, however observed that in the event the Petitioner No.1, namely, Bhagirathi Baliarsingh, 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 without being prejudiced by this order and disposed of early in accordance with law.

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D.Dash) Judge Himansu