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Judgment
S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is the third successive anticipatory bail application of the petitioner in connection with Binika P.S. Case No. 203 of 2021 corresponding to G.R. Case No. 192 of 2021 pending in the Court of learned J.M.F.C., Binika, Subarnapur for alleged commission of offences under section 394 of the Indian Penal Code and section 25 of the Arms Act.
The petitioner earlier for the first time approached this Court for grant of anticipatory bail in ABLAPL No. 16562 of 2021 and this Court vide order dated 24.01.2022 while not inclining to grant anticipatory bail, granted liberty to the petitioner to surrender before the learned Court below and move for bail within a period of four weeks, in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused was directed to be taken into account and the case records were also asked to be made available for disposal of the bail application. The petitioner instead of complying with the said order, again approached this Court for grant of anticipatory bail in ABLAPL No.1919 of 2022 and this Court vide order dated 08.03.2022 rejected the bail application and directed the petitioner to surrender and move for bail.
The present anticipatory bail application has been filed on the ground that one of the co-accused, namely, Mukesh Mishra approached this Court for grant of anticipatory bail in ABLAPL No. 2745 of 2022 and this Court vide order dated 21.04.2022 directed that co-accused to surrender in the learned Court below and further directed the learned Magistrate to consider that principal accused, namely, Bablu @ Chitrasen Bagh has already been acquitted by the learned J.M.F.C., Binika vide order dated 28.03.2022 and therefore, similar order may be passed.
Learned counsel for the State submitted that the petitioner has got criminal antecedents.
When on two earlier occasions, the petitioner has not carried out the order of this Court and did not surrender in the Court below and move an application for bail, no relief can be granted to him in the present application. Furthermore, the co-accused has been acquitted on the basis of the materials available on record, which was adduced during trial of the case in respect of the said co-accused and those materials are not required to be taken into account for adjudicating the present bail application of the petitioner. Therefore, I am not inclined to entertain this anticipatory bail application. Accordingly, prayer for grant of anticipatory bail stands rejected.
The Inspector in-charge of Binika police station shall immediately arrest the petitioner and produce him before the learned J.M.F.C., Binika by 17th April 2023 failing which he shall appear before this Court on 21st April 2023.
List this matter on 21st April 2023.
Let a free copy of this order be handed over to the learned counsel for the State for compliance.
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