Orissa High CourtABLAPL/16478/2021disposed off

Bagha @ Soubhagya Naik v. State Of Odisha

2022-01-25Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16478 of 2021 Bagha @ Soubhagya Naik ....

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

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

25.01.2022 01.

Order No.

This matter is taken up by video conferencing 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 G.R. Case No.317 of 2021 arising out of Parjang P.S. Case No.324 of 2021 pending in the Court of learned J.M.F.C., Parjang for alleged commission of offences under sections 294/394 of the Indian Penal Code read with section 25 of the Arms Act and section 3 of the Explosive Substances Act, 1908.

Perused the F.I.R.

Learned counsel for the petitioner submitted that two of the co-accused persons were taken into custody during course of investigation and they have already been

// 2 // released on bail and the petitioner may be permitted to surrender in the learned Court below and move for bail and claim of parity shall be taken into account. Learned counsel for the State has no objection. Considering the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today 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 and claim of parity with the coaccused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. 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