Niranjan Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8833 of 2022 Niranjan Samal and others ....

Petitioners Mr. A.S. Paul, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 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 are seeking pre-arrest bail in connection with G.R. Case No.778 of 2022, arising out of Khurda P.S. Case No.232 of 2022 pending in the court of learned S.D.J.M., Khurda for commission of offence punishable under Sections 353/307/506/ 379/109/34, I.P.C. read with Section 51 of Orissa Minor Minerals Concessions Rules, 2004.

5.

It is submitted by learned counsel for the petitioners that on similar footing with the petitioners, other co-accused persons have already been released on bail by this Court in ABLAPL No.6219 of 2022 and ABLAPL No.6221 of 2022 vide order dated 05.07.2022.

// 2 // 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu