Orissa High Court
Ajay Kumar Rout And Others vs State Of Odisha .... Opposite Party on 26 September, 2023
Author: A.K.Mohapatra
Bench: A.K.Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8431 of 2023
Ajay Kumar Rout and others Petitioners
....
Mr.Ashok Kumar Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.P.C.Das, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
Order No. 26.09.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned Addl. Standing Counsel for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341,323,325,354-B,379,307, 506/34 of the Indian Penal Code.
4. It is submitted by the learned counsel for the Petitioners that the Petitioner No.3 has already been arrested. In such view of the matter, the bail application has become infructuous so far the Petitioner No.3 is concerned. So far Petitioner Nos. 2 & 4 are concerned, they are ladies. It is stated that they have not participated in the alleged crime.
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5. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner Nos.2 & 4, however it is observed that, in the event the Petitioner Nos.2 & 4 surrender and move for bail before the learned S.D.J.M., Kendrapara in G.R.Case No.2092 of 2023 arising out of Marsaghai P.S. Case No.421 of 2023 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the verification of criminal antecedents of similar nature against the Petitioners as well as verification of injury.
6. The Petitioner No.1 is apprehending arrest for the alleged commission of offence under Sections 341,323,325,354-B,379,307, 506/34 of the Indian Penal Code in G.R.Case No.2092 of 2023 of the Court of the learned S.D.J.M., Kendrapara arising out of Marsagjao P.S.Case No.421 of 2023.
7. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner No.1.
8. However, on the submission of the learned counsel, the Petitioner No.1 is given liberty to surrender before the learned S.D.J.M., Kendrapara in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.1 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. .
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9. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for.
10. The ABLAPL is disposed of accordingly.
11. Urgent certified copy of this order be granted as per rules.
(A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Page 3 of 3 Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 02-Oct-2023 15:00:19