Prasanta Khosala v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6142 of 2022

1. Prasanta Khosala

2. Sunita Benia

3. Premasila Khosla

4. Madhu Benia ....

Petitioners Ms. Rajalaxmi Biswal, Advocate -versusState of Odisha ....

Opp. Party Mr. Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.06.2022 01.

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 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Sunabeda P.S. Case No.67 of 2022 corresponding to G.R. Case No.146 of 2022 pending in the Court of learned J.M.F.C., Similiguda for alleged commission of offences under sections 495, 323, 324, 354, 354(A), 294, 506/34 of the Indian Penal Code.

// 2 // Learned counsel for the State on instruction submitted that so far as petitioner no.2 Sunita Benia, petitioner no.3 Premasila Khosala and petitioner no.4 Madhu Benia are concerned, they have been served with notices as contemplated under section 41A of Cr.P.C. and they have complied with the terms of the notices and therefore, there is no apprehension of arrest of the petitioners nos.2, 3 and 4. Therefore, this anticipatory bail application so far as petitioners nos.2, 3 and 4 are concerned, stands disposed of. So far as petitioner no.1 Prasanta Khosala is concerned, keeping in view the nature of accusation against him, while not inclining to grant anticipatory bail, liberty is granted to petitioner no.1 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. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo