Jaga @ Jagabandhu Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.7167 OF 2020 Jaga @ Jagabandhu Mohanty ....

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

Opposite Party Mr. D.R. Parida, ASC,

CORAM:

MR. JUSTICE D.DASH

ORDER

04.04.2022 Order No.

03.

1.

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

2.

The Petitioner having been implicated in connection with Bansada P.S. Case No.237 of 2018 corresponding to Special Case No.15 of 2020 on the file of learned ADJ-cumSpecial Judge, Bhadrak for alleged commission of offence under Section-363/366/372(r)/376(4)/34 of the IPC read with Sect6ion- 6 of the POCSO Act, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the event of his arrest in the aforesaid case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions made and viewing the materials on record as also other surrounding circumstances, while being not inclined consider the prayer for grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that in the event the Petitioner surrenders

// 2 // 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 person(s) on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of early in accordance with law.

5.

The ABLAPL is accordingly dismissed.

Interim order passed on 03.07.2020 does no more survive.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan