Kalpataru Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6188 of 2022 Kalpataru Rout and others ....

Petitioners Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.08.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection G.R. Case No.993 of 2022 arising out of Marsaghai P.S. Case No.161 of 2022 pending in the court of learned S.D.J.M., Kendrapara for commission of offence punishable under Section 294/354/323/325/ 457/307/34, I.P.C.

5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioner no.3-Debakanta Rout and petitioner no.4-Susanta Rout surrender before the learned court in seisin over the matter in the aforesaid case within a period of three weeks from today, aforesaid petitioner no.3-

// 2 // Debakanta Rout and petitioner no.4-Susanta Rout shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

6.

However, on the submission of the learned counsel, the petitioner no.1-Kalpataru Rout and petitioner no.2-Anil Kumar Rout are given liberty to surrender before the court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of materials on record. In case of rejection of the bail applications, the petitioner no.1-Kalpataru Rout and petitioner no.2-Anil Kumar Rout may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioner no.1-Kalpataru Rout and petitioner no.2-Anil Kumar Rout on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioners, if applied for.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu