Meherun Bibi Vs State of Odisha

The present application has been filed under Section 438 of Cr.P.C. read with Section 482 of BNSS, 2023 by the Petitioners seeking pre-arrest bail in connection with Kakatpur P.S. Case No.05 of 2019, corresponding to G.R. Case No.52 of 2019, pending in the court of learned J.M.F.C., Nimapara, for alleged commission of offences punishable under Sections 498A/341/323/294/307/506/34 of the IPC read with Section 4 of the D.P. Act.

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Learned counsel for the petitioners contended that the case

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out of which the present anticipatory bail application is arises out of is of the year 2019. He further contended that the petitioners were released on bail in ABLAPL No.10970 of 2019 disposed of on 18.12.2019. He further contended that due to communication gap, the petitioner could not avail the order dated 18.12.2019. Accordingly, the petitioners had approached this Court by filing a I.A. for extension of time to surrender to take advantage of the order dated 18.12.2019. The said I.A. was disposed of by granting liberty to the petitioners to move a fresh anticipatory bail application. He further contended that the injured has not sustained grievous injury. He further contended that the petitioners are ready and willing to cooperate with the conclusion of the trial as investigation has been concluded and final charge sheet has already been filed.

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Learned counsel for the State on the other hand objected to the release of the petitioners on pre-arrest bail on the ground that if the petitioners are released on pre-arrest bail, at this juncture it would cause delay in conclusion of the trial.

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Taking into consideration the submissions made by the parties, since the petitioners were released on bail in ABLAPL No.10970 of 2019 vide order dated 18.12.2019, the second bail application is not maintainable. However, considering the submission made by learned counsel for the petitioners, the petitioners are given another opportunity to avail the benefit of the order dated 18.12.2019. Accordingly, the order dated 18.12.2019 is extended for a period of four weeks subject to payment of cost of Rs.2,000/- (Rupees Two Thousand) to the Advocates Welfare Fund of Puri Bar Association. In case, the petitioners fail to surrender,

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this order shall automatically stand revoked.

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