Gouribala Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5936 OF 2020 Gouribala Behera ....

Petitioner Mr.T.K. Acharya, Advocate -versusState of Odisha ....

Opposite Party Mr.Samaresh Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

20.09.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

This is the successive journey of the Petitioner in filing this application under Section-438 of the Cr.P.C. for her grant of bail in the event of her arrest in connection with Odagaon P.S. Case No.44 of 2018 corresponding to G.R. Case No.60 of 2018 on the file of learned Gram Nyayadhikari-cum-J.M.F.C., Odagaon for alleged commission of offence under Section-452/294/324/ 354/302/506/34 of the IPC, for reconsideration of the prayer for grant of anticipatory bail 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 reconsider the prayer for grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that in the event the Petitioner surrenders before the Court in seisin

// 2 // of the aforesaid case with four weeks hence and moves for her release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons on bail, in their proper perspective 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 04.06.2020 does no more survive. 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan