Bibhuti Bhusan Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16238 of 2021 Bibhuti Bhusan Biswal ....

Petitioner Mr. C.R. Dash, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel Mr. Sambeet Pattanayak, Advocate for the informant

CORAM:

JUSTICE S.K. SAHOO

ORDER

20.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with C.T. Case No.6063 of 2021 arising out of Mancheswar P.S. Case No.359 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 342/376(2)(n)/294/506/323/34 of the Indian Penal Code.

// 2 // Perused the F.I.R.

Since it is a case where the accusation of rape has been alleged against the petitioner and the anticipatory bail application of the petitioner has also been rejected by the learned Additional Sessions Judge-IV, Bhubaneswar as per order dated 08.12.2021, which has been annexed to the application as Annexure-2 and after going through the statement of the victim placed by the learned counsel for the State, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below 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. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly 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 RKM