Ashok Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6086 of 2022 Ashok Kumar Rout ....

Petitioner Mr.N. N.Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Special Counsel for OPID Act matters

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.06.2022 02.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with EOW Bhubaneswar P.S. Case No.14 of 2015 corresponding to C.T. Case No.18 of 2015 pending in the court of learned 1st Addl. Sessions Judge -cum- Designated Court, Cuttack for alleged commission of offences under sections 467, 468, 471, 420, 406, 120-B Indian Penal Code read with section 6 of the OPID Act, 1978.

// 2 // Mr. J.P. Patra, learned Special Counsel appearing for the State of Odisha in OPID Act matters submits that it is a case of the year 2015 and charge sheet has been submitted against the petitioner and the coaccused persons are facing trial in this case. So far petitioner is concerned, who is one of the Directors of M/s. Tresty Security Ltd. is absconding for last seven years and the total money involved in the case is more than three crores and fourty nine lakhs which was collected from 1409 depositor and processes under sections 82 and 83 of Cr.P.C. have already been issued against him.

Learned counsel for the petitioner submitted that the co-accused persons are on bail and the petitioner may be permitted to surrender in the Court below and move for bail and the claim of parity with the coaccused released on bail may be taken into account while adjudicating the bail application.

In view of the nature and gravity of the accusation against the petitioner and since it is a case of the year 2015 and processes under sections 82 and 83 of Cr.P.C. have been issued against the petitioner, I am not inclined to release the petitioner on anticipatory bail.

Considering the submissions made by the learned counsel for the petitioner, it is ordered that in the event the petitioner surrenders and moves for

// 3 // bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously and while disposing of the bail application, the learned Court below shall consider the claim of parity with the coaccused persons, who are stated to have been released on bail. The case records shall be made available to the Court concerned.

The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge P