Tapoi Pagal @ Tapaswini Pagal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5623 of 2022 Tapoi Pagal @ Tapaswini Pagal ....

Petitioner Mr.Manoranjan Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. S.S.Pradhan, AGA for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

13.06.2022 Order No.

01.

1.

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

2.

Heard learned counsel for both the parties and perused the records.

3.

The Petitioner apprehends her arrest in connection with Mangalpur P.S. Case No.560 of 2021, corresponding to C.T. Case No.2483 of 2021, pending in the court of learned S.D.J.M., Jajpur, for the alleged commission of offences under Sections 341/323/324 /34 of I.P.C.

4.

Considering the nature of allegations made against the Petitioner, this Court grants liberty to the Petitioner to surrender before the learned S.D.J.M., Jajpur in the aforesaid case in the first hour within 21 (twenty one) working days hence and moves for bail. In such event, learned Magistrate shall consider the application for bail in the first hour strictly on the basis of the materials available on record. In case of rejection of the bail application, the Petitioner may move for bail before the Higher Forum in the second hour. In such

// 2 // event, the Higher Forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

5.

Case Diary be made available to the concerned court. Records be transmitted to the Higher Forum at the cost of the Petitioner, if applied for. Further, learned court below shall see whether the injury sustained by the injured persons are simple or not and proceed in accordance with law.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Vacation Judge U.K.Sahoo