Sania @ Sanatana Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14221 of 2022 Sania @ Santana Dehury ....

Petitioner Mr. G.K Mohanty, Advocate -versusState of Odisha & another ....

Opposite Parties Mr. Sasanka Patra, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

09.11.2022 01.

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

2. By means of this application under Section 438 Cr.P.C., the Petitioner seeks anticipatory bail apprehending his arrest on the alleged offence under Sections 363 of IPC, in connection with Gondia P.S. Case No.38 of 2021 corresponding to C.T (SPL) (P). 28 of 2021 pending in the Court of learned A.D.J-cum-SPL. Judge (POCSO), Dhenkanal

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 the anticipatory bail. However, it is directed that in the event the Petitioner surrenders and moves for bail before the learned court below, the learned court in seisin over the matter shall dispose of

// 2 // the bail application of the Petitioner on its own merit being alive of the position of law on bail, as far as possible taking into consideration the materials on record as well as other documents available on record, on the very same day, without being influenced by any observations made by this Court herein.

4. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo