Shashikanta Baral v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16745 of 2021 Shashikanta Baral ....

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

Opp. Party Mrs. Susama Rani Sahoo, 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 Jatni P.S. Case No. 637 of 2021 corresponding to G.R. Case No. 675 of 2021 pending in the Court of learned J.M.F.C., Jatni for the commission of the alleged offences punishable under sections 341, 294, 323, 324, 326, 307, 506/34 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that the co-accused Prakash Chandra Mishra was taken into custody and he has already been released on bail and there are no such materials to attract the ingredients of the offence under

// 2 // section 307 of the Indian Penal Code and therefore, 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, 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, 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