Ayub Khan @ Kali Babu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.7914 OF 2021 Ayub Khan @ Kali Babu ....

Petitioner Mr.R.N. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

27.07.2022 03.

1.

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

2.

The Petitioner having been implicated in connection with Pipili Order No.

P.S. Case No.159 of 2019 corresponding to G.R. Case No.282 of 2019 on the file of learned J.M.F.C., Pipili running for the alleged commission of offence under section-379/411/34 of the IPC, has filed this application under section-438 of the Cr.P.C. for his grant of anticipatory bail in the event of his arrest in the above mentioned case. 3.

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

4.

Considering the submissions and on going through the materials on record as also other surrounding circumstances; while being not inclined to grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that when the occasion would so arise before the learned Court in seisin of the case for consideration of the prayer for grant of regular bail to the Petitioner, the same would be made 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.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan