p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14526 of 2024 1. Bijay Barik 2. Shyam Barik @ Syama Sundar Barik 3. Bhagi Behera @ Bhagirathi Behera …. Petitioners Mr. P.K. Mishra, Advocate -versus- State of Odisha …. Opp. Party Mr. P.S. Nayak, Addl. Government Advocate CORAM: JUSTICE S.K. SAHOO Order No. ORDER 03.01.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Kanas P.S. Case No.39 of 2021 corresponding to G.R. Case No.589 of 2021 now pending in the Court of learned J.M.F.C., Kanas for the commission of the alleged offences punishable under sections 326/307/34 of the I.P.C.. Learned counsel for the petitioners submitted p. 2 that earlier the petitioners approached this Court for anticipatory bail in ABLAPL No.2497 of 2021 and the bail application of the petitioners was rejected taking into account the nature and gravity of the accusation and it was observed that if the petitioners surrender before the Court below and move for bail, the same shall be disposed of in accordance with law expeditiously and the case records shall be made available to the Courts for disposal of the bail application. Admittedly, the petitioners have not complied with the said order. However, it is submitted by the learned counsel for the petitioners that in the meantime, on completion of investigation, charge sheet has been submitted and the matter has been amicably settled between the parties and the case is now pending before the learned J.M.F.C., Kanas in G.R. Case No.589 of 2021. Learned counsel for the State opposed the prayer for bail and submitted that the injuries sustained by the injured were grievous in nature. Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender before the p. 3 learned J.M.F.C., Kanas within a period of four weeks from today and move for bail, the learned Magistrate shall do well to dispose of the same in the first hour and in the event the bail application is rejected, the records shall be transmitted to the Court of Session without awaiting for formal orders from the Court of Session in order to enable the petitioners to move the higher Court for bail on the same day and in case any application for bail is filed, the learned Sessions Court shall do well to dispose of the same in accordance with law expeditiously. The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application. ( S.K. Sahoo) Judge Pravakar Designation: AR-cum-Senior Secretary