Partly allowed

Santosh Kumar Barik v. State of Odisha

Orissa HC12 Oct 2023ABLAPL/7701/2023

Case brief

AI extract

What is this about?

This single sitting order refused the grant of anticipatory bail to the petitioner in a criminal case under the IPC and D.P. Act. The court granted liberty to surrender to the trial court within 21 days and move for bail, which must be heard on the same day by the lower and higher forums in quick succession.

What did the court decide?

Liberty to surrender within 21 days and move for bail; bail to be heard on same day if rejected at trial court.

Santosh Kumar Barik 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.7701 of 2023

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Santosh Kumar Barik

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…. Petitioner

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Mr. S.P. Dash, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.C. Das, A.S.C. Mr. R. Roy, Advocate

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for Informant

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER

12.10.2023

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 498-A/294/307/506/34 of the I.P.C. read with Section 4 of D.P. Act in G.R. Case No.268 of 2023 of the Court of the learned S.D.J.M., Biramaharajpur, arising out of Biramaharajpur P.S.Case No.104 of 2023.

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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 S.D.J.M., Biramaharajpur in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned

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// 2 //

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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.

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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

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applied for.

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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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Anil

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( A.K Mohapatra )
Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Oct-2023 15:53:40

Santosh Kumar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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