Balgopal Baghar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6450 of 2022

1. Balgopal Baghar

2. Jayagopal Baghar ....

Petitioners Mr.A.Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 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 1.C.C. Case No.04 of 2022 (G.R. Case No.86 of 2021) arising out of Binika P.S. Case No.88 of 2021 pending in the Court of learned J.M.F.C., Binika for alleged commission of offences under sections 452/294/323/354-B/394/34 of the Indian Penal Code.

Perused the protest petition.

// 2 // Learned counsel for the petitioners submitted that the F.I.R. was lodged against the petitioners and on completion of investigation, final report has been submitted and thereafter, protest petition has filed which was treated as a complaint case and the learned Magistrate has taken cognizance of offences and issued summons to the petitioners.

In view of such submission, since there is no apprehension of arrest, this anticipatory bail application is not maintainable. The petitioners are at liberty to appear before the learned Court below on receipt of the summons and move an application for bail, in the event of which the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM