Dusmanta Kumar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6008 of 2022 Dusmanta Kumar Naik ....

Petitioner Mr. S.R. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr.Sangram Keshari Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Baragarh Sadar P.S. Case No.74 of 2022 corresponding to C.T. Case No.277 of 2022 pending in the Court of learned S.D.J.M., Bargarh for alleged commission of offences under section 379 of the Indian Penal Code, sections 15(2)/15(4) of the PMPL Amendment Act, 2011, sections 3/4 of the Explosive Substances Act, 1908 and sections 3/4 of the PDPP Act.

// 2 // Learned counsel for the petitioner submitted that some of the co-accused persons were taken into judicial custody and they were released on bail and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

In view of the nature and gravity of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law and the claim of parity with the co-accused persons stated to have been released on bail shall be taken into account. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P