Jyoti Ranjan Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6227 of 2022 Jyoti Ranjan Biswal ....

Petitioner Mr.M.K. Mohapatro, Advocate -versusState of Odisha ....

Opp. Party Mr.Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 02.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1003 of 2022 arising out of Talcher P.S. Case No.302 of 2022 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences under sections 272/273/420/ 468/471/34 of the Indian Penal Code, sections 51/52/56/59/63 of the Food Safety and Standards Act, 2006, section 16 of the Prevention of Food

// 2 // Adulteration Act, 1954, section 32 of the Legal Metrology (Packaged Commodities) Rules, 2011 and section 36 of the Legal Metrology Act, 2009.

Perused the F.I.R.

Learned counsel for the petitioner has produced the legible copy of the F.I.R. along with the bail order copy of the co-accused persons and submitted that the petitioner is similarly situated like the co-accused persons, who have already been released on bail and the petitioner may be permitted to surrender in the learned Court below and move for bail and claim of parity may be taken into account. The copy of the F.I.R. and the copy of the bail order are taken on record.

Learned counsel for the State on instruction submitted that the petitioner is having one criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the coaccused persons, who are stated to have been

// 3 // released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM