Rat Prasad Paikray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10170 of 2022 Rat Prasad Paikray ....

Petitioner Mr. R.N. Biswal, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.11.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Jodapadar P.S. Case No.15 of 2021 corresponding to G.R. Case No.138 of 2021 pending in the Court of learned J.M.F.C., Kanas for alleged commission of offences under sections 341/323/325/294/307/354/379/506/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the petitioner earlier approached this Court for anticipatory bail in ABLAPL No.2981 of 2021 which was

// 2 // disposed of as per the order dated 10.03.2022. He further submitted that the petitioner is ready and willing to surrender in the Court below and move for bail and the Courts below may be directed to dispose of the bail application expeditiously and claim of parity may be taken into account.

Learned counsel for the State has no serious objection.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM