Pravakar Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4893 of 2021 Pravakar Samal & Another ....

Petitioners Mr.P. Panigrahi, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA

CORAM:

MR. JUSTICE D.DASH

ORDER

14.07.2022 04.

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.141 of 2021 arising out of Rasol P.S. Case No.43 of 2021 registered for alleged commission of offence under sections 341/294/324/307/506/34, I.P.C. pending in the Court of the learned S.D.J.M., Hindol 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, while being not inclined to grant anticipatory bail to petitioner

// 2 // no.1 , I am inclined to grant anticipatory bail to petitioner no.2. Accordingly, it is directed that in the event the said Petitioner No.2 surrenders before the court in seisin of the case in connection with the aforesaid case, within three weeks hence and moves for her release on bail, she 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, Pravakar Samal, surrenders before the court in seisin of the case within three weeks hence 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 so as to enable the Petitioner in case necessity so arises, to approach the next higher forum early.

The case record be transmitted at the cost of the Petitioner.

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D.Dash) Judge Himansu