Rakesh Delai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10844 of 2022 Rakesh Delai and others ....

Petitioners Mr. Chandan Samantaray, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with C.T. Case No.421 of 2021, arising out of Sahadevkhunta P.S. Case No.159 of 2021 pending in the court of learned S.D.J.M., Balasore for commission of offence punishable under Sections 451/323/341/ 307/506/379/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that on similar footing with the present petitioners, another co-accused person has already been released be released on bail. 6.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

7.

However, on the submission of the learned counsel, the

// 2 // petitioners are given liberty to surrender before the learned S.D.J.M., Balasore 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 their 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 petitioners 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 petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 8.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioners, if applied for.

9.

The ABLAPL is accordingly disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu