Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.496 of 2025 Sumitra Behera ..... Petitioner
Represented By Adv. - Arijeet Mishra -versus- State Of Odisha ..... Opposite Parties
Represented By Adv. – M.R.Patra, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 16.01.2025
Order No.
01.
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 Petitioner is apprehending arrest for the alleged commission of offence under Sections 85/80/103(2)/3(5) of B.N.S. read with Section 4 of D.P. Act, 1961 in G.R. Case No.1093 of 2024 of the Court of the learned J.M.F.C., Chandbali arising out of Chandbali P.S. Case No.571 of 2024.
4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is 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
Page 2 of 2. 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 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 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.
5. Case Diary & Post mortem report be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, 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
Anil