Kahnu Charan Panigrahi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6043 of 2022 Kahnu Charan Panigrahi ....
Petitioner Mr. B. Jalli, Advocate -versus1. State of Odisha
2. Sanjukta Sahu ....
Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
22.06.2022 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 for grant of anticipatory bail under section 438 of Cr.P.C. in connection with Baidyanathpur P.S. Case No.43 of 2022 corresponding to G.R. Case No. 348 of 2022 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 342/344/376(2)(n)/ 313/506 of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
// 2 // Learned counsel for the petitioner submitted that there was physical relationship between the petitioner and victim for ten years and the ingredients of the offence under section 376 of the Indian Penal Code are not attracted and the victim is a major girl and therefore, the anticipatory bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
In view of the nature and gravity of the accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner appears in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.
The ABLAPL stands disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge P