Abhiram Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9272 of 2022 Abhiram Sahu & others ....

Petitioners Mr.Asuthosh Tripathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.08.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner Nos.1 & 2 and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner Nos.1 & 2 for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner Nos.1 & 2 that the Petitioner Nos.1 & 2 have been falsely implicated in this case having no active role in the crime.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner Nos.1 & 2. However, it is directed that in the event the Petitioner Nos.1 & 2 surrender before the learned S.D.J.M., Athagarh in C.T.Case No.399 of 2022 arising out of Athagarh P.S.Case No.169 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the

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6.

The Petitioner No. 3 is apprehending arrest for the alleged commission of offence under Sections 498-A, 294, 323, 506/34 of the Indian Penal Code read with Section 4 of the D.P. Act in C.T.Case No.399 of 2022 of the Court of the learned S.D.J.M., Athagarh, arising out of Athagarh P.S. Case No.169 of 2022. 7.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner No.3. 8.

However, on the submission of the learned counsel, the Petitioner No.3 is given liberty to surrender before the learned S.D.J.M., Athagarh 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 No.3 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 No.3 on the same day strictly on the basis of the materials on record. 9.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.3 if applied for.

10.

The ABLAPL is accordingly disposed of.

11.

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

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