Tukuna @ Ajit Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14010 of 2022 Tukuna @ Ajit Kumar Das & another ....

Petitioners Mr. Ramesh Chandra Maharana, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

02.11.2022 01.

1. Heard learned counsel for the Petitioners and the State.

2. By means of this application under Section 438 Cr.P.C., the Petitioners seek anticipatory bail apprehending their arrest on the alleged offence under Sections 341/354/506/34, I.P.C. and Section 8 of the POCSO Act, in connection with Kujang P.S. Case No.384 of 2022 corresponding to Spl. G.R. Case No.55 of 2022 pending in the Court of learned Special Court (POCSO), Jagatsinghpur.

3. Having regard to the allegations in the F.I.R., there appears material in the case with regard to the offence under the POCSO Act and as such it is not desirable for this Court to grant anticipatory bail. However, it is directed that in the event the Petitioners surrender and move for bail before the learned court in seisin over the matter, it shall dispose of the bail application of the

// 2 // Petitioners on its own merit being alive of the position of law on bail, as far as possible taking into consideration the materials on record on the very same day, however, without being influenced by any observations made by this Court herein or presuming the direction herein as in affirmative.

4. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge S.K. Parida