Udhab @ Uddab Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7318 of 2022 Udhab @ Uddab Swain and Another ....

Petitioners Ms. Anita Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.07.2022 01.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the records.

3.

The Petitioners are apprehending arrest for the alleged commission of offence under Sections 341/323/325/354/452/506/34 of the Indian Penal Code in G.R.Case No.142 of 2022 of the Court of the learned J.M.F.C., Khandapada, arising out of Khandapada P.S. Case No.148 of 2022.

4.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

5.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Khandapada 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 the materials on record. In case of rejection of the bail

// 2 // application, the Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record. 6.

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

7.

The ABLAPL is accordingly disposed of.

8.

Issue urgent certified copy of the order as per Rules. Basudev ( A.K. Mohapatra) Judge