Kamal Lochan Adhek v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.15726 OF 2021 Kamal Lochan Adhek ....

Petitioner Mr.P.C. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr.Samresh Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

23.09.2022 02.

1.

This matter is taken up by hybrid arranged Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Talasari Marine P.S. Case No.95 of 2021 corresponding to C.T. Case No.77 of 2021 pending on the file of learned Gramya Nyayalaya-cum-J.M.F.C., Bhograi, running for alleged commission of offence under Section 498-A/302/304-B/201/34 of the IPC, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned case. 3.

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

4.

Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioner; it is observed that in the event the Petitioner surrenders before the Court in seisin of the aforesaid

// 2 // case and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons on bail, namely, Shiba Shankar Rana @ Sibu, Pradeep Kumar Giri @ Sapan and Balai Adhek @ Puka, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of in accordance with law during the first hour of the day without being prejudiced by this order so as to enable the Petitioner to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment. The case records be made available at the cost of the Petitioner.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Basu