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Orissa High Court

Subrat Samal @ Shipa Samal vs State Of Odisha .... Opp. Party on 7 May, 2024

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  ABLAPL No. 4354 of 2024

                Subrat Samal @ Shipa Samal              ....          Petitioner
                                                        Mr. A. Panda, Advocate
                                            -versus-

               State of Odisha                          ....         Opp. Party
                                                         Mr. D. Biswal, A.S.C.

                         CORAM:
                         JUSTICE CHITTARANJAN DASH


                                      ORDER

Order No. 07.05.2024

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.147/148/294/323/324/325/307/336/435/436/459/ 427/506/120-B/149 of IPC, R/w. Sections 3/4 of PDPP Act and 9-B of Explosive Act.

3. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned S.D.J.M., Bhadrak in connection with Bonth PS Case No.54 of 2023 corresponding to G.R. Case No.871 of 2023 within three weeks hence and moves for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first // 2 // hour of the day, strictly on the basis of the materials available on record on its own merit.

4. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on its own merit in the manner as ordinarily it deals with such matter not giving any emphasis for having directed for disposal.

5. Case diary be made available to the learned courts below.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge Bijay Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 08-May-2024 17:59:18 Page 2 of 2