Application for anticipatory bail dismissed. Condonation of inability to appear granted if petitioners surrender and apply for bail within four weeks, moving for consideration on merits.
Conditionally permitted to apply for bail within four weeks after surrender without prejudice to approaching higher forum.
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ABLAPL No.795 OF 2021
Considering the submissions made and keeping in view the nature of accusations, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioners, it is observed that in the event the Petitioners surrender in the court in seisin of the case in connection with Nayapalli P.S. Case No.238 of 2020 corresponding to C.T. Case No.2655 of 2020 on the file of learned S.D.J.M., Bhubaneswar, within four weeks hence and move for their release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused person on bail and if similarly situated with the petitioners on the ground of parity, as per law and disposed of early in accordance with law without being prejudiced by this order so as to enable the Petitioners to approach the next higher forum during the course of the day in case necessity so arises. The case records be made available at the cost of the petitioners.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
(D. Dash) Judge
Basu
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail.
Petitioners
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
