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Orissa High CourtABLAPL/10266/2022disposed off

Shakti Kumar Behera @ Bidyadhar v. State Of Odisha

2022-10-20Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10266 of 2022 Shakti Kumar Behera @ Bidyadhar ....

Petitioner Mr. B.S. Rayaguru, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.10.2022 Order No.

04.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 376-D/376-A/363/506, I.P.C. and Section 6 of POCSO Act. 4.

On perusal of the materials on record and further considering the seriousness of the allegation, gravity of the offence and the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, the Petitioner is given liberty to surrender and move for bail before the learned Special Judge, Balasore in Special Case No.188 of 2021 corresponding to Soro P.S. Case No.285 of 2021 within a period of three weeks from today. In the event of his surrender and motion for bail within the aforesaid period, learned

// 2 // Special Judge, Balasore shall do well to dispose of the bail application of the petitioner on the same day on merit in accordance with law. The Case Diary as well as Medical Examination Report of the victim be made available to the concerned court as quick as possible in order to facilitate in disposal of the bail application of the petitioner on the same day itself.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida