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Orissa High CourtABLAPL/7954/2022disposed off

Santilata Barik v. State Of Odisha

2022-07-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7954 of 2022 Santilata Barik & Others ....

Petitioners Mr. Ravi Shankar Samal, Advocate -versusState of Odisha & another ....

Opposite Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 341/294/323/417/493/506/34, I.P.C. read with Section 67(A) of the I.T. Act and Sections 3(1)(r) / 3(1)(s) / 3(2)(va) of the Prevention of Atrocities Act, 1989.

4.

Considering the nature of allegation, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is observed that, in the event the petitioners surrender and move for bail before the learned Addl. District & Sessions Judge, Kujang in Special G.R. Case No.56 of 2022 corresponding to Kujang P.S. Case No.214 of 2022 within 15

// 2 // (fifteen) days from today, learned Addl. District & Sessions Judge, Kujang shall do well to consider and dispose of the bail application of the petitioners on the same day, on merit, in accordance with law. 5.

The Case Diary be made available to the learned Court below for consideration of the bail application of the petitioner on the same day. Ground of parity may be considered by the learned Court below in accordance with law, if the same is canvassed by the learned counsel for the petitioners.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida