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Orissa High CourtABLAPL/5683/2020disposed off

Subhakanta Das v. State Of Odisha

2022-03-17Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5683 OF 2020 Subhakanta Das & Three Others ....

Petitioners Mr.R.N. Rout, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

17.03.2022 04.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/ physical) mode.

2.

During course of hearing, learned counsel for the Petitioner prays for withdrawal of this bail application in respect of the Petitioner No.2. Accordingly, this application stands disposed of as withdrawn in respect of Petitioner No.2. The ABLAPL is now confined only to Petitioner Nos.1, 3 & 4, hereinafter referred to as 'the Petitioners'.

3.

The Petitioners having been implicated in connection with Agarpada P.S. Case No.46 of 2020 corresponding to G.R. Case No.884 of 2020 pending on the file of learned S.D.J.M., Bhadrak for alleged commission of offence under section-341/294/307 /506/34 of the IPC, have filed this application under section-438 of the Cr.P.C. for their release on bail in the event of their arrest in the above mentioned case.

3.

Heard learned Counsel for the Petitioners and learned Counsel for the State.

// 2 // 4.

Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioners, it is observed that in the event the Petitioners surrender before the Court in seisin of the case within three weeks hence in the above mentioned case and move for their release on bail, the same shall be considered on its own merit and disposed of during the first hour in accordance with law without being prejudiced by this order so as to enable the Petitioners to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment. The case records be made available at the cost of the Petitioners. 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan