Surendra Mohan Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15713 of 2021

1. Surendra Mohan Das

2. Jangyaseni Das ....

Petitioners Mr.U. Barik, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.01.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.62 of 2021 arising out of Chandahandi P.S. Case No.62 of 2021 pending in the Court of learned J.M.F.C., Chandahandi for alleged commission of offences under sections 498A/302/201/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act.

Learned counsel for the petitioners submitted that he does not want to press the anticipatory bail application so far as petitioner no.2 Jangyaseni Das is

// 2 // concerned.

In view of such submission, the anticipatory bail application so far as petitioner no.2 Jangyaseni Das stands disposed of.

So far as petitioner no.1 Surendra Mohan Das is concerned, learned counsel for the petitioner submitted that petitioner no.1 is the father-in-law of the deceased and the main allegation is against the husband of the deceased and therefore, the anticipatory bail application of petitioner no.1 may be favourably considered. Perused the F.I.R. as well as the statements of the witnesses annexed to the anticipatory bail application.

In view of available material on record, the nature and gravity of the accusation and since the case is one under section 302 of the Indian Penal Code, while not inclining to grant anticipatory bail to petitioner no.1, I direct that in the event petitioner no.1 surrenders and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible in accordance with law. The case records shall be made available to the Court concerned.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

RKM ( S.K. Sahoo) Judge