Ramesh Dash @ Ramesh Chandra Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15919 of 2022 Ramesh Dash @ Ramesh Chandra Dash & Others ....

Petitioners Mr. Prakash Kumar Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

21.12.2022 Order No.

01.

1. Heard the learned counsels for the Petitioners and the State.

2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offence U/s. 341/323/294/506/34, I.P.C., in connection with Dhauli P.S. Case No.231 of 2022 corresponding to C.T. Case No.7201 of 2022 pending in the court of learned J.M.F.C.- V, Bhubaneswar.

3. Considering the nature and seriousness of the allegation, gravity of the offence and the facts of the case, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioners, if so chooses, may surrender before the learned J.M.F.C.-V, Bhubaneswar in the aforesaid C.T. Case during the first hour within three weeks from today and move for bail. In such event, the learned Magistrate

// 2 // shall consider the bail application of the Petitioners in the first hour of the day, strictly on the basis of the materials available on record.

4. In case of rejection of the bail application by the learned Magistrate, the Petitioners 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 Petitioners on the same day on its own merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative.

5. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioners, to facilitate disposal of the bail application of the Petitioners.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K.Parida