Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.11028 of 2023
Bhabani Ghadei and another …. Petitioners Mr.J.Sahoo, Advocate -versus- State of Odisha
…. Opposite Party Ms.S.Nayak, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 08.05.2025
10.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard learned counsel for both the parties and perused the records.
3. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 302/294/379/34 of I.P.C. in G.R. Case No.568 of 2023 of the Court of the learned J.M.F.C., Chilika arising out of Nachuni P.S. Case No.229 of 2023.
4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners. However, on the submission of the
learned counsel, the Petitioners are given liberty to surrender before the learned court in seisin over the matter 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 applications 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 Petitioners on the same day strictly on p. 2 the basis of the materials on record, by maintaining the principles of parity, if applicable.
5. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.
6. The ABLAPL is accordingly disposed of.
7. Issue urgent certified copy of the order as per Rules.
(A.K.MOHAPATRA) JUDGE Bichi
Designation: Secretary