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Orissa High CourtABLAPL/16865/2021disposed off

Biren Dalei v. State Of Odisha

2022-01-27Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16865 of 2021 Biren Dalei ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up by video conferencing mode.

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 Khordha Sadar P.S. Case No.164 of 2021 corresponding to G.R. Case No.1308 of 2021 pending in the Court of learned S.D.J.M., Khordha for the commission of the alleged offences punishable under sections 419, 420, 423, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner has not been named in the F.I.R. and

// 2 // basing on the statements of the co-accused persons before the police, who were taken into custody during the course of investigation, the petitioner has been falsely entangled in the case 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 and gravity of accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail before the Court below within a period of four weeks, the learned Courts below shall dispose of the same expeditiously in accordance with law. The case records shall be made available to the Court 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. RKM ( S.K. Sahoo) Judge

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