Akshaya Namdev @ Dilla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11843 of 2022 Akshya Namdev @ Dilla ....

Petitioner Mr. B. K. Ragada, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.09.2022 01.

1.

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

2.

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

3.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.2351 of 2022 arising out of Brajarajnagar P.S. Case No.276 of 2022, pending in the court of learned S.D.J.M., Jharsuguda for commission of offences punishable under Sections 399/402/307, I.P.C. read with Sections 25 and 27 of the Arms Act. 4.

It is submitted by learned counsel for the petitioner that on the basis of confessional statement of the co-accused, the petitioner has been falsely implicated in the present case.

5.

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

6.

However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the learned S.D.J.M.,

// 2 // Jharsuguda 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 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 on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7.

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

8.

The ABLAPL is accordingly disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu