Tapan Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.6282 OF 2021 Tapan Samantaray ....

Petitioner Mr.S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

22.07.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Khurda P.S. Case No.26 of 2021 corresponding to G.R. Case No.76 of 2021 for alleged commission of offence under section447/426/467/468/379/427/506/34 of the IPC read with Section-3 & 4 of the ES Act and Section-51 of the OMMC Rules, 2004, pending on the file of learned S.D.J.M., Khurda, 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 and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that in the event the

// 2 // Petitioner surrenders before the Court in seisin of the aforesaid case and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons(s) on bail, if similarly situated with the Petitioner on the ground parity as per law and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the Petitioner.

5.

The ABLAPL is accordingly disposed of.

Interim order passed on 31.05.2021 does no more survive. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan