Banty Matia @ Bijan Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8319 of 2022 Banty Matta @ Bijan Kumar Das ....

Petitioner Mr. P.S.Das, Advocate -versusState of Odisha ....

Opp.Party Mr.S.Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.07.2022 02.

1.

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

2.

Mr.Manoranjan Muduli, Advocate files Vakalatanama in Court on behalf of the informant. The same be kept on record. 3.

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

4.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 376, 323/34 of the Indian Penal Code in G.R.Case No.645 of 2022 of the Court of the learned S.D.J.M., Keonjhar, arising out of Turumunga P.S.Case No.51 of 2022.

5.

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

6.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M.,

// 2 // Keonjhar 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 application, the Petitioner 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 Petitioner on the same day strictly on the basis of the materials on record. 7.

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.

8.

The ABLAPL is accordingly disposed of.

9.

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