The Special Court in Bhadrak observed that the petitioner, having violated conditions of an earlier order by avoiding investigation, is not inclined to grant anticipatory bail. The interim order stands superseded, and the matter is disposed of.
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ABLAPL NO.424 OF 2020
This matter is taken up through Video conferencing mode. Learned counsel for the State under instruction submits that so as to ascertain the correctness of the facts submitted by the learned counsel for the petitioner on the last date i.e. 26.011.2020 when the petitioner was called by the Investigating Officer to cooperate with the investigation in ascertaining whereabouts of his wife; in violation of the condition fixed by this Court; he has gone on avoiding. He, therefore, expresses the inability to place the facts as directed by the Court.
Learned counsel for the petitioner is not in a position to deny the above submission of the learned counsel for the State.
The matter is now taken up for hearing on merit on the prayer for grant of anticipatory bail to the petitioner in connection with Bhandaripokhari P.S. Case No.129 of 2019 corresponding to G.R. Case No.1547 of 2019 pending on the file of learned S.D.J.M., Bhadrak.
Heard.
Considering the submissions and on going through the materials on record as also other surrounding circumstances; while being not inclined to grant of anticipatory bail to the petitioner, it is observed that this order will not prejudice the Court while considering the prayer for grant of regular bail to the petitioner which shall be considered on its own merit and disposed of in accordance with law.
The interim order dated 26.11.2020 does no more hold the field.
The ABLAPL is accordingly disposed of.
…………………….
D. Dash, J.
Narayan
1 issue framed by the court
Whether anticipatory bail should be granted in connection with Case No.129/2019 pending before S.D.J.M., Bhadrak.
Petitioner
State
D. Dash
As recorded by the court registry
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