Chaitanya Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15376 of 2022 Chaitanya Naik ....

Petitioner Mr. K.S. Sahu, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard learned counsel for both the parties and perused the records.

3.

The Petitioner is seeking pre-arrest bail in connection with OR Case No.13H of 2022-23, corresponding to 2(b)CC Case No.06 of 2022, pending in the Court of learned S.D.J.M., Hindol, for alleged commission of offences punishable under Sections 9/39(1) & (2) and 51 of the Wildlife Protection Act, 1972.

4.

It is submitted by the learned counsel for the Petitioner that the co-accused Jitu Naik similarly situated with the present Petitioner has already been released on bail vide order passed by this Court in BLAPL No.7513 of 2022.

5.

Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner.

6.

However, on the submission of the learned counsel, the

// 2 // Petitioner is given liberty to surrender before the learned S.D.J.M., Hindol in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis