Narayan @ Naran Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14445 of 2022 Narayan @ Naran Pradhan and another .... Petitioners Mr. Ghanashyam Dash, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

21.11.2022 01.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s.379/34 IPC read with Section 21 of the MMDR Act.

3. Keeping in view the submission of the parties, the nature of allegations as emerged from the material on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioners are at liberty to surrender before the learned J.M.F.C., Chandikhole in Jenapur P.S. Case No.307 of 2022 corresponding to C.T. Case No.1701 of 2022 within three weeks' hence and move for bail. In such event the learned court in seisin

// 2 // over the 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 in its own merit.

4. In case of rejection of the bail application by the learned court, the Petitioner 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 not being influenced by observation of this court. 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.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi