Raki@Anil Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6154 of 2022

1. Raki @ Anil Parida

2. Akhaya Parida ....

Petitioners Mr. J. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. Manoranjan Mishra, 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 the 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 Cuttack Sadar P.S. Case No.224 of 2022 corresponding to G.R. Case No.1289 of 2022 pending in the Court of learned J.M.F.C. (Rural), Cuttack for commission of alleged offences under sections 341, 353, 323, 294, 427, 379, 506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that some of the co-accused persons have already been granted bail by

// 2 // the learned Court below after they were taken into custody and since the offences are triable by Magistrate, the petitioners may be permitted to surrender before the learned Court below and move for bail and the claim of parity may be taken into account.

Learned counsel for the State has no objection. Considering the submissions made by the learned counsel for the petitioners, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to them 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 expeditiously and the claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account 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