Rama Chandra Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14121 of 2022 Rama Chandra Rout and others .... Petitioners Mr. D.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC Mr. P.K. Kundu, Advocate for the Informant

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

04.11.2022 01.

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

2. By means of this application under Section 438 Cr.P.C., the Petitioners seek bail in anticipation of their arrest for alleged involvement in the offence under Sections 341/ 323/ 307/ 294/ 506/ 34 of IPC.

3. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned J.M.F.C., Konark in G.R. Case No.755 of 2022 corresponding to Gop P.S. Case No.415 of 2022 within three weeks' hence and move for bail, the learned Court in seisin over the

// 2 // matter shall consider the bail application of the Petitioners in the first hour of the day, strictly on the basis of the materials available on record on its own merit.

4. In case of rejection of the bail application by the learned Court, the Petitioners may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day on its own merit.

5. It is made clear that the learned Court below shall not be influenced by any of the observations of this Court made herein in any manner. Case diary be made available to the learned Courts below as soon as possible to facilitate disposal of the bail application of the Petitioners on the same day.

6. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi