Sukanta Das @ Hadi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9153 of 2022 Sukanta Das @ Hadi ....

Petitioner Mr. C. Rout, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 02.

1.

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

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is apprehending arrest for the alleged commission of offence under Section 498-A/304-B/302/323/506/34, I.P.C. read with Section 4 of the D.P. Act of the court of the learned S.D.J.M., Talcher.

4.

It is submitted by learned counsel for the petitioner that the petitioner is a neighbor of the matrimonial house of the victim. It is further submitted by learned counsel for the petitioner that while the victim was being tortured, the petitioner come to rescue the victim and he has been falsely implicated in the present case. It is also submitted that on similar footing with the petitioner another coaccused, namely, Naga Das has already been released on bail by the learned court below.

5.

Considering the facts of the case, this Court is not inclined to

// 2 // 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., Talcher 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 by maintaining the principles of parity, if applicable.

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.

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

( A.K. Mohapatra) Judge Jagabandhu