Radharamana Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16435 of 2021 Radharamana Panda ....

Petitioner Mr.A.K. Pradhan, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

25.01.2022 01.

This matter is taken up through video conferencing. Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Cuttack Sadar P.S. Case No. 345 of 2021 corresponding to G.R. Case No.1416 of 2021 pending in the Court of learned J.M.F.C., Rural, Cuttack for the commission of the alleged offence punishable under section 394 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the F.I.R. was lodged against unknown persons and during the course of investigation, two of the co-accused persons, namely, Chandan @ Biswajit Barik and Ranjan Kumar Behera were taken into custody and they have already been released

// 2 // on bail by this Court in BLAPL No. 5195 of 2021 and BLAPL No. 5106 of 2021 respectively, copies of the bail orders have been annexed to the anticipatory bail application as Annexure2 series. Learned counsel further submitted that since the offences are triable by Magistrate, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks, in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands 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 PKSahoo