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Judgment
D.Dash, J
This matter is taken up through hybrid arrangement (physical/ virtual) mode.
This is the second journey of the Petitioner in filing this application under Section-438 of the Cr.P.C. for grant of bail in the event of his arrest in connection with Kabisuryanagar P.S. Case No.224 of 2019 corresponding to G.R. Case No.221(A) of 2019 on the file of learned J.M.F.C., Kabisuryanagar for alleged commission of offence under Section-341/294/325/302/120-B/ 323/324/307/34 of the IPC read with section-4(1) of the Odisha Prevention of Witch-Hunting Act, 2013, for his release on bail in the above mentioned case.
Heard learned Counsel for the Petitioner and learned Counsel for the State.
Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner; this application stands disposed of with the observation that in the event the Petitioner surrenders before the Court in seisin of the case within three weeks hence in the above mentioned case and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of grant of bail to the co-accused person(s), if similarly situated with the Petitioner on the ground of parity as per law and disposed of during the first hour in accordance with law without being prejudiced by this order so as to enable the Petitioner to approach the next higher forum during the second half of the day, in case necessity so arises unless there stands any legal impediment.
The case record be made available at the cost of the Petitioner.
The ABLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
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