Anusuya Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16676 of 2021 Anusuya Mohapatra ....

Petitioner Mr. B. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

30.09.2022 Order No.

01.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

This is the second journey of the petitioner, who is implicated in connection with Sarankul P.S. Case No.15 of 2021 arising out of G.R. Case No.26 of 2021 pending in the Court of the learned J.M.F.C., Odagaon for offence punishable under sections 498(A)/304(B)/302/34, I.P.C. read with section 4 of the D.P. Act in filing the petition under section 438 of Cr.P.C. for her release on bail in the event of her arrest.

3.

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

4.

Considering the submission and keeping in view the nature of accusation as to the role of this Petitioner as those emanate from the materials on record; while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner, this application stands disposed of with the observation that in the event the Petitioner surrenders before the court in seisin of the aforesaid case and moves for her release on bail, the same shall be considered on its own merit;

// 2 // further taking into account all such subsequent developments including the factum of grant of bail to the co-accused persons on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the Petitioner 5.

Accordingly, the ABLAPL stands disposed of.

Issue urgent certified copy as per rules.

(D. Dash) Judge