Tapasa Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16127 of 2022 Tapas Kumar Mohanty and others ....

Petitioners Mr. R.N. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State. Perused the case diary. 3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.530 of 2022, arising out of Baideswar P.S. Case No.190 of 2022 pending in the court of learned S.D.J.M., Banki for commission of offences punishable under Sections 341/342/323/324/ 294/354/506/34, I.P.C.

5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner Nos.1, 2, and 3. However, it is directed that in the event the petitioner Nos.1, 2, and 3 surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be

// 2 // released on bail on such terms and conditions as would be deemed just and proper.

6.

So far as petitioner no.4-Dharanidhar Mohanty is concerned. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioner no.1-Dharanidhar Mohanty. 7.

However, on the submission of the learned counsel, the petitioner no.1-Dharanidhar Mohanty is given liberty to surrender before the learned S.D.J.M., Banki in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the no.1-Dharanidhar Mohanty may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the no.1-Dharanidhar Mohanty on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

8.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the no.1-Dharanidhar Mohanty, if applied for.

9.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu