Dilip Das @ Dilua Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10544 of 2022 Dilip Das @ Dilua Das & others ....

Petitioners Mr.Ashok Das, Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.09.2022 01.

1.

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

2.

It is submitted by the learned counsel for the Petitioners that the Petitioners had approached this Court earlier by filing ABLAPL No.5484 of 2022 and vide order dated 02.08.2022 this Court allowed two co-accused persons to go on bail. So far as the present Petitioners are concerned, they were directed to surrender before the learned court below and move an application for bail. The present bail application is the second application under section 438 Cr.P.C. 3.

Learned Additional Standing Counsel opposes the bail application on the ground that second anticipatory bail application is not entertainable as there is no change circumstances. 4.

In reply to that learned counsel for the Petitioners submits that in the meantime some of the co-accused persons have been released on

// 2 // bail. Further injury report has been obtained in the meantime. 5.

Considering such submission, the petitioners are directed to surrender and release on bail as has been directed in the earlier order dated 02.08.2022. Time to surrender is hereby extended by further four weeks. It is further directed that while considering the bail application, the learned court below shall take into consideration that the co-accused persons have been released on bail subject to verification of criminal antecedents of similar nature and injury.

6.

With the aforesaid observation, the ABLAPL stands disposed of. 7.

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