Biju Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7227 of 2022 Biju Mallik and another ....

Petitioners Mr.R.R.Ray, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.07.2022 01.

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 petitioners for anticipatory bail.

4.

The petitioners seeking pre-arrest bail in connection G.R. Case No.784 of 2022, arising out of Dhenkanal Sadar P.S. Case No.269 of 2022 pending in the court of learned S.D.J.M., Dhenkanal for commission of offence punishable under Sections 341/294/323/325/307/506/34 of I.P.C.

5.

Learned counsel for the petitioners submits that he does not want to press the bail application so far as the petitioner No.1- Biju Mallik is concerned. Accordingly, the bail application in respect of the petitioner No.1 stands dismissed as not pressed.

6.

Considering the nature of allegations and gravity of offence and

// 2 // the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is observed that, in the event the petitioner surrenders before the learned S.D.J.M., Dhenkanal in G.R. Case No. 784 of 2022 corresponding to Dhenkanal Sadar P.S. Case No. 269 of 2022 within a period of three weeks from today, the petitioner No.2, Prasanta Kumar Biswal @ Basanta shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

subhasmita ( A.K. Mohapatra) Judge