Disposed

Uin Dalai v. State of Odisha

Orissa HC25 Sept 2023ABLAPL/522/2023

Case brief

AI extract

What is this about?

The High Court of Orissa denied anticipatory bail to the petitioner. It granted liberty to surrender before the N.G.N-cum-J.M.F.C. within 21 working days to file a bail application there, subject to a pass-through to the session court if rejected, upon depositing Rs. 500 in the Advocates' Welfare Fund.

What did the court decide?

Liberty to surrender within 21 working days and move for bail in the first hour, following up in the session court in the second hour if rejected, subject to depositing Rs. 500 in the Advocates' Welfa

Uin Dalai Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.522 of 2023

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Uin Dalai

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…. Petitioner

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Mr. P.K. Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

25.09.2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel for both the parties and perused the records.

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The Petitioner is apprehending arrest for the alleged commission of offence under Sections 143/14/323/355/354/436/294/ 506/149 of the I.P.C. in G.R. Case No.247 of 2019 of the Court of the learned N.G.N.-cum-J.M.F.C., Rajnagar, arising out of Talchua Marine P.S.Case No.54 of 2019.

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It is submitted by the learned counsel appearing for the Petitioner that earlier the Petitioner had approached this Court by filing ABLAPL No.15402 of 2022 along with other co-accused persons. While directing the Petitioner Nos.2 to 9 in the said bail application to surrender and go on bail, the bail application of the present Petitioner who was the petitioner No.1 in the earlier bail application was given liberty to surrender before the Court below in

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// 2 //

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the first hour before the N.G.N-cum-J.M.F.C., Rajnagar and in the event, the rejection of his bail application in the first hour, he was permitted to move the session court in the second hour of the same day. Further, the learned session court was directed to consider and dispose of the bail application on the same day.

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This bail application has again filed seeking pre-arrest bail. On a query is being put by this Court, learned counsel for the Petitioner submitted that the Petitioner being a lady and she could not surrender before the Court as directed by this Court on 19.12.2022 in ABLAPL No.15402 of 2022.

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Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

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However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned N.G.N.cum-J.M.F.C., Rajnagar 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 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, but subject to depositing cost of Rs.500/- (Rupees five hundred) in the Advocates’ Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit

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Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

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// 3 //

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy of the order as per Rules.

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( A.K Mohapatra ) Judge

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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 02-Oct-2023 16:00:24

Uin Dalai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Uin Dalai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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