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Orissa High CourtABLAPL/16906/2021disposed off

Egnesh Lakra v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16906 of 2021 Egnesh Lakra ....

Petitioner Mr. R.N. Parija, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up through Video Conferencing Mode.

Heard 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 Kutra P.S. Case No.58 of 2018 corresponding to G.R. Case No.259 of 2018 pending in the court of learned J.M.F.C., Rajgangpur for alleged commission of offences under sections 147/148/341/323/354-B/506/149/302 of the Indian Penal Code.

// 2 // Learned counsel for the petitioner submitted that though the case is one under section 302 of the Indian Penal Code but the said offence is not attracted against the petitioner and some of the coaccused persons have already been released on bail and therefore, the anticipatory bail application of the petitioner 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, while not inclining to release the petitioner on anticipatory bail, it is ordered that in the event the petitioner surrenders and moves for bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously and while disposing of the bail application, the learned Court below shall consider the claim of parity with the co-accused person, who is stated to have been released on bail. The case records shall be made available to the Court concerned.

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

// 3 // prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge