Bijaya Kumar Dalabehera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5053 of 2022 Bijaya Kumar Dalabehera ....

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

Opposite Party Mr. T.K.Praharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

31.5.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is apprehending arrest in connection with Baramba P.S. Case No.50/2022 corresponding to G.R. Case No.48/2022 pending in the court of learned J.M.F.C., Baramba for the alleged commission of the offence under Sections 147/148/294/427/379/506/120-B/149 of I.P.C. read with Section 25(1-B) (a) and 27 of Arms Act and Section 3(1)(r) and Section 3(1)(s) of S.C. & S.T. (P.A.) Act.

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4. In view of the order passed by this Court in the case of Pramod Kumar Ray and others v. State of Odisha, reported in (2017) 16 OCR 309, the ABLAPL is disposed of directing the Petitioner to surrender before the learned J.M.F.C., Baramba in the aforesaid case within three weeks from today. It is further directed that seven days before such surrender, the Petitioner shall cause required copies of the bail application to be served on learned Special Public Prosecutor for serving notice on the victim.

5. In the event of surrender of the Petitioner as aforesaid, he shall be released on interim bail by learned Court below for such duration and on such terms and conditions as it may deem fit and proper to impose.

6. The bail application shall be finally disposed of by learned Court below within three weeks from the date of appearance of the victim.

7. The ABLAPL is, accordingly, disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Vacation Judge

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