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2025 DAILYLAW 60862 (ORI)

KANDURU DEHURY v. STATE OF ODISHA

ABLAPL/11813/2024 · 2025-01-03

Aditya Kumar Mohapatra

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Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11813 of 2024 1) Kanduru Dehury ..... Petitioners 2) Bapi Dehury 3) Khira Dehury @ Sumitra 4) Usha Dehury 5) Sebati Pradhan Represented By Adv. - Partha Sarathi Nayak -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Ms.Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.01.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioners as well as the learned Additional Standing Counsel for the State. Perused the records. 3. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 296, 324(5), 326(g), 329(4),351(3),3(5) of B.N.S., 2023 in Kaniha P.S.Case No.289 of 2024 corresponding to G.R.Case No.1237 C.T.Case No.723 of 2024 pending on the file of the learned S.D.J.M., Talcher. 4. Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner No.4, however it is Page 2 of 2. observed that, in the event the Petitioner No.4 surrenders and moves for bail before the learned S.D.J.M., Talcher in the aforesaid case within a period of three weeks from today, he 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. Violation of conditions shall entail cancellation of bail. 5. However, on the submission of the learned counsel, the Petitioner Nos.1,2,3 & 5 are given liberty to surrender before the learned S.D.J.M., Talcher 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 their 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 Petitioners 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 Nos.1,2,3 & 5 on the same day strictly on the basis of the materials on record by applying the principle of parity, if applicable. 6. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 7. The ABLAPL is accordingly disposed of. 8. Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS