Uchhaba Das @ Utchhaba Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15430 of 2022 Uchhaba Das @ Utchhaba Das and another ....
Petitioners Mr.Salauddin Khan, Advocate -versusState of Odisha ....
Opposite Party Mr.S.S.Pradhan, A.G.A.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
19.12.2022 Order No.
01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
On oral prayer made by the learned counsel for the Petitioners, he is permitted to correct the G.R.case number in the body of the application in Court today.
3.
Heard learned counsel for the Petitioners, learned Addl. Government Advocate for the State. Perused the records. 4.
This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 323, 294, 376(2)(n), 506/34 of the Indian Penal Code. 5.
It is submitted by the learned counsel for the Petitioner that the Petitioners are the parents of Uttam Das, who is the principal accused in this case. Further, it is submitted that the principal accused has already been released on bail in BLAPL No.346 of 2022 by the learned Additional Sessions Judge, Kamakhya Nagar vide order dated 14.12.2022.
// 2 // 6.
Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Kamakhya Nagar in G.R.Case No.841 of 2022 Corresponding to Kamakhya Nagar P.S.Case No.449 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. 7.
The ABLAPL is disposed of accordingly.
8.
Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS