Papu @ Azad Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5658 of 2022 Papu @ Azad Khan ....

Petitioner Mr. S.P. Lenka, Advocate -versusState of Odisha ....

Opp. Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 01.

1.

This matter is taken up through video conferencing mode. 2.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State.

3.

It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, other co-accused person has already been released on bail and he may be given parity. 4.

The petitioner is apprehending arrest for the alleged commission of offence under Sections 379/411/34, I.P.C. in G.R. Case No.238 of 2022, arising out of Nirakarpur P.S. Case No.95 of 2022.

5.

Considering the nature of allegations, gravity of offence and the fact of the case I am not inclined grant anticipatory bail to the petitioner.

6.

However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the J.M.F.C., Tangi in the aforesaid case in the first hour within 21 working days hence and

// 2 // move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of materials on record. In case of rejection of the bail application, the petitioner may move for bail before the higher forum in the second hour. On such 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.

7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Vacation Judge Jagabandhu