Nirmal Meher@ Vastrakar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16406 of 2021 Nirmal Meher @ Vastrakar ....

Petitioner Mr.S.K. Joshi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Brajarajnagar P.S. Case No.502 of 2020 corresponding to C.T. Case No.3301 of 2020 pending in the Court of learned S.D.J.M., Jharsuguda for alleged commission of offences under sections 395 and 397 of the Indian Penal Code. Learned counsel for the State on instruction submitted that on completion of investigation, charge sheet has been submitted under sections 395 and 397 of the Indian Penal Code against the petitioner and other co-accused persons and the petitioner was shown as an absconder and non-bailable warrant of arrest has been issued against him and during the

// 2 // course of investigation, five of the co-accused persons were also arrested. It is further submitted that the witnesses have named the petitioner as an accused.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to him to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law and the claim of parity with the co-accused persons stated to have been released on bail shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo