Dibyajyoti Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16094 of 2021 Dibyajyhoti Das ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.01.2022 01.

This matter is taken up by video conferencing mode.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Rasgovindapur P.S. Case No.224 of 2021 corresponding to C.T. Case No.23 of 2021 pending in the Court of learned J.M.F.C., Rasgovindapur for alleged commission of offences under section 376(2)(n), 365, 506 read with section 34 of the Indian Penal Code. In view of the role attributed against the petitioner as per the statement of the victim, the nature and gravity of the accusation and since the case is one under section

// 2 // 376(2)(n) of the Indian Penal Code and other offences, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused who is stated to have been released on bail shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned. The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge P