Anili @ Kalia Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15971 of 2022 Anili @ Kalia Pradhan & Others ....

Petitioners Mr.A.K.Nath, Advocate -versusState of Odisha ....

Opposite Party Mr. Samaresh Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

22.12.2022 01.

1.

This matter is taken up by hybrid arranged Order No.

(virtual/physical) mode.

2.

The Petitioners having been implicated in connection with O.R. Case No.03 of 2022-23 corresponding to 2(b) C.C. No.26 of 2022 pending on the file of learned S.D.J.M., Angul running for alleged commission of offence under Section 52 of Wild Life (Protection) Act, have filed this application under Section-438 of the Cr.P.C. for their release on bail in the above mentioned case.

3.

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

4.

Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioners; this application stands disposed of with

// 2 // the observation that in the event the Petitioners surrender before the Court in seisin of the aforesaid case within three weeks and and moves for their release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons on bail, if similarly situated with the Petitioners on the ground of parity, as per law and disposed of in accordance with law during the first hour so as to enable the Petitioners to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment.

The case records be made available at the cost of the Petitioners.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash) Judge Gitanjali