Orissa High CourtABLAPL/15768/2022disposed off

Abhimanyu Behera v. State Of Odisha

2022-12-22Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15768 of 2022 Abhimanyu Behera ....

Petitioner Mr. D. Mohanta, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.12.2022 02.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.294/323/341/506/34 IPC.

3. Learned counsel for the Petitioner submits that pursuant to the shifting of the siding of the materials by IFFCO there ensued a fight between two groups resulting case and counter case. As reveals from the FIR, there appears injuries to the informant side. It is further submitted that the co-accused persons having taken into custody have since been released on bail.

4. Keeping in view the aforesaid facts, the circumstances appearing and the gravity of offence, while this Court is not inclined to grant anticipatory bail, it is directed that if the Petitioner chooses to surrender before the learned J.M.F.C.(P), Kujanga in Paradeep P.S.

// 2 // Case No.397 of 2022 corresponding to G.R. Case No.1218 of 2022 within three weeks' hence and moves for bail, the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.

5. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day, if there be no legal impediment on its own merit strictly on the basis of the material available on record. Case diary be made available to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same day. 6.The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi