Avijit Behera @ Dulu v. State of Odisha

Orissa HC12 Feb 2024ABLAPL/12587/2022

Case brief

AI extract

What is this about?

ABLAPL No.12587 of 2022, High Court of Orissa at Cuttack, D. Dash, J., order dated 12.02.2024. Anticipatory bail application under S.438 Cr.P.C.; offences alleged: S.376(2)(n)/506 IPC read with S.66(E)/67/67(A) IT Act; Chandrasekharpur P.S. Case No.299 of 2022; C.T. Case No.5197 of 22; SDJM Bhubaneswar; petitioner Avijit Behera @ Dulu; anticipatory bail refused; protection-type direction for same-day first-hour consideration of regular bail on surrender; ABLAPL disposed of.

What did the court decide?

Anticipatory bail declined; however, on surrender, the Petitioner's regular bail plea to be considered on its own merit and disposed of early during the first hour of the day without prejudice by this order; case record to be made available at the Petitioner's cost; urgent certified copy as per rules. ¶¶21

Avijit Behera @ Dulu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL NO.12587 OF 2022

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Avijit Behera @ Dulu

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…. Petitioner

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Mr. K. Nayak, Advocate

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-versus-

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State of Odisha & Another

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…. Opposite Parties Mr. P. K. Mohanty, ASC

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CORAM:

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MR. JUSTICE D.DASH

Order No.

ORDER 12.02.2024

This matter is taken up by hybrid arranged (virtual/physical) mode.

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The Petitioner having been implicated in connection with Chandrasekharpur P.S. Case No.299 of 2022, corresponding to C.T. Case No.5197 of 22, pending on the file of learned SDJM, Bhubaneswar, running for alleged commission of offence under Section 376(2)(n)/506 of the IPC read with section 66(E)/67/67(A) of IT Act, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned case.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioner; it is observed that in the event the Petitioner surrenders before the Court in seisin of the aforesaid

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case and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law during the first hour of the day without being prejudiced by this order so as to enable the Petitioner to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment.

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The case record be made available at the cost of the Petitioner.

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