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Orissa High CourtABLAPL/16640/2021disposed off

Gobinda Naik v. State Of Odisha

2022-01-24Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16640 of 2021 Gobinda Naik ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

24.01.2022 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 Bhanjanagar P.S. Case No. 226 of 2019 corresponding to G.R. Case No. 456 of 2019 pending in the Court of learned S.D.J.M., Bhanjanagar for the commission of the alleged offences punishable under sections 353, 307/34 of the Indian Penal Code, sections 25(1-B)(a) and 27 of the Arms Act and sections 3, 4 and 5 of the Explosive Substances Act. Perused the first information report annexed to the anticipatory bail application.

// 2 // Learned counsel for the petitioner submits that one of the co-accused namely, Sima Naik was taken into custody during course of investigation and he has already been released on bail.

In view of such submission and 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 and moves for bail in the Court below within a period of four weeks, the learned Courts below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused person, who is 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.

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