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Orissa High CourtABLAPL/5820/2022disposed off

Muna Munda @ Muna Kumar Munda v. State Of Odisha

2022-11-15Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5820 OF 2022 Muna Munda @ Muna Kumar Munda ....

Petitioner Mr. D.Mishra, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr.S.Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

15.11.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Daitari P.S. Case No.24 of 2021 corresponding to C.T. Case No.713 of 2021 for alleged commission of offence under section376 (2) (n)/323/417/506/34 of the IPC & read with Section-6 of POCSO Act, pending on the file of learned Additional Sessions Judge-cum-Special Judge, Keonjhar has filed this application under section-438 of the Cr.P.C. for his grant of anticipatory bail in the event of his arrest in the above mentioned case. 3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions made and on going through the materials on record further keeping in view the nature and gravity of the offences and its manner of commission as also the role assigned to the Petitioner therein as those emanate from the materials on record as well as other surrounding circumstances;

// 2 // while being not inclined to grant anticipatory bail to the Petitioner, this application is disposed of with the observation that when the occasion would so arise before the learned Court in seisin of the case for consideration of the prayer for grant of regular bail of the Petitioner, same shall be decided on its own merit; further taking into account all such developments which have taken place in the meantime in their proper perspective and disposed of early in accordance with law.

5.

The ABLAPL is accordingly disposed of.

Interim order dated 17.10.2022 stands vacated. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Gitanajali